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24 <br />Progressive Design Build General Conditions <br /> <br />caused by or resulting from: <br /> 7.4.1 The sole negligence or willful misconduct of Design-Builder or any of its Design <br />Consultants or Subcontractors or Suppliers of any tier, or the agents or employees of <br />same (collectively, the “Design-Build Parties”); <br /> 7.4.2 The concurrent negligence of the Design-Build Parties, but only to the extent of <br />the negligence of the Design-Build Parties; <br /> 7.4.3 A breach of this Contract by the Design-Build Parties; <br /> 7.4.4 The use of any design, process, or equipment which constitutes an infringement <br />of any United States patent presently issued, or violates any other proprietary interest, <br />including copyright, trademark, and trade secret. <br /> In addition to a remedy authorized by law, Owner may retain so much of the money due the <br />Design-Builder as deemed necessary by Owner to ensure the defense and indemnification <br />obligations of this section until disposition has been made of such suits or claims. <br /> Pursuant to RCW 4.24.115, claims, suits, or actions result from the concurrent negligence of (a) <br />the Indemnified Parties and (b) the Design-Build Parties the indemnity provisions provided in the <br />preceding paragraphs of this section shall be valid and enforceable only to the extent of the <br />Design-Build Parties’ negligence. <br />In any action against Owner and any other entity indemnified in accordance with this section, by <br />any employee of Design-Builder, its consultants of any tier, Subcontractors, Sub-subcontractors, <br />agents, or anyone directly or indirectly employed by any of them, the indemnification obligation of <br />this section shall not be limited by a limit on the amount or type of damages, compensation, or <br />benefits payable by or for Design-Builder or any consultant or Subcontractor under Title 51 RCW, <br />the Industrial Insurance Act, or any other employee benefit acts. In addition, Design-Builder <br />waives immunity as to Owner only, in accordance with Title 51 RCW. The Design-Builder intends <br />to indemnify, defend and hold Owner harmless to the fullest extent allowed by applicable law, <br />and, therefore, any limitation on indemnity shall automatically be deemed amended without <br />further act by either party so as to remove any of the restrictions contained in this Section no <br />longer required by then applicable law. To the extent that applicable law invalidates any portion of <br />this Section, the remainder shall be construed to provide the broadest protection to Owner <br />allowed by applicable law. The parties acknowledge that the foregoing waiver of Title 51 RCW <br />immunity was mutually negotiated and that the provisions of this Section shall survive expiration <br />or termination of this Contract by either party for any reason. The Design-Builder shall similarly <br />require that each subcontractor it retains in connection with the project comply with the terms of <br />this paragraph, waive any immunity granted under Title 51 RCW, and assume all liability for <br />actions brought by employees of the subcontractor. <br />Article 8 <br />Time <br />8.1 Obligation to Achieve the Contract Times. <br />8.1.1 Design-Builder agrees that it will commence performance of the Work and achieve the <br />Contract Time(s) in accordance with Article 6 of the Contract. By executing the Contract, the <br />Design-Builder confirms that the Contract Time is a reasonable period for performing the Work. <br />