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7.3 Payment Claim Indemnification. Providing that Owner is not in breach of its contractual
<br /> obligation to make payments to Design-Builder for the Work, Design-Builder shall indemnify,
<br /> defend and hold harmless Owner from any claims or liens brought against Owner or against the
<br /> Project or the bonds or retainage as a result of the failure of Design-Builder, or those for whose
<br /> acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or
<br /> obligations furnished or incurred for or in connection with the Work. Within three (3) days of
<br /> receiving written notice from Owner that such a claim or lien has been filed, Design-Builder shall
<br /> commence to take the steps necessary to discharge said claim or lien, including, if necessary, the
<br /> furnishing of a lien bond. If Design-Builder fails to do so, Owner will have the right to discharge
<br /> the claim or lien and hold Design-Builder liable for costs and expenses incurred, including
<br /> attorneys' fees.
<br /> 7.4 Design-Builder's General Indemnification. In addition to any other indemnification of defense
<br /> obligation that Design-Builder may have under the Contract Documents, Design-Builder shall
<br /> defend, indemnify, and hold Owner harmless from and against all claims, demands, losses,
<br /> damages, or costs, including but not limited to damages arising out of bodily injury or death to
<br /> persons and damage to property, caused by or resulting from:
<br /> 7.4.1 The sole negligence of Design-Builder or any of its Subcontractors;
<br /> 7.4.2 The concurrent negligence of Design-Builder, or any Subcontractor, but only to the extent
<br /> of the negligence of Design-Builder or such Subcontractor; and
<br /> 7.4.3 The use of any design, process, or equipment which constitutes an infringement of any
<br /> United States patent presently issued, or violates any other proprietary interest, including
<br /> copyright, trademark, and trade secret.
<br /> In any action against Owner and any other entity indemnified in accordance with this section, by
<br /> any employee of Contractor, its Subcontractors, Sub-subcontractors, agents, or anyone directly
<br /> or indirectly employed by any of them, the indemnification obligation of this section shall not be
<br /> limited by a limit on the amount or type of damages, compensation, or benefits payable by or for
<br /> Contractor or any Subcontractor under RCW Title 51, the Industrial Insurance Act, or any other
<br /> employee benefit acts. In addition, Contractor waives immunity as to Owner only, in accordance
<br /> with RCW Title 51.
<br /> Article 8
<br /> Time
<br /> 8.1 Obligation to Achieve the Contract Times. Design-Builder agrees that it will commence
<br /> performance of the Work and achieve the Contract Time(s) in accordance with Article 5 of the
<br /> Contract.
<br /> 8.2. Delays to the Work
<br /> 8.2.1 If Design-Builder is delayed in the performance of the Work due to acts, omissions,
<br /> conditions, events, or circumstances beyond its control and due to no fault of its own or those for
<br /> whom Design-Builder is responsible, the Contract Time(s) for performance shall be reasonably
<br /> extended by Change Order. Delays attributable to and within the control of a Subcontractor or
<br /> supplier shall be deemed to be delays within the control of Design-Builder. By way of example,
<br /> events that may entitle Design-Builder to an extension of the Contract Time(s) include acts or
<br /> omissions of Owner or anyone under Owner's control (including separate contractors), changes
<br /> in the Work, Differing Site Conditions, Hazardous Conditions, and Force Majeure Events.
<br /> Design-Builder shall make all reasonable efforts to prevent and mitigate the effects of any delay,
<br /> whether occasioned by an act of Force Majeure or otherwise.
<br /> 8.2.2 Design-Builder is not entitled to a change in Contract Time unless the progress of the
<br /> East Clearwell Project General Conditions of Contract Page 17
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