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Rolling Hills Pond Dredging <br />Elk River, Minnesota <br />Treasury Department Circular Number 570. The expense of these Bonds shall be borne by the <br />Contractor. If at any time a surety on any such Bond is declared a bankrupt or loses its right to do <br />business in the state in which the work is to be performed or is removed from the list of Surety <br />Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the <br />Owner to do so, substitute an acceptable Bond (or Bonds) in such form and sum and signed by such <br />other sureties as may be satisfactory to the Owner. The premiums on such Bond shall be paid by the <br />Contractor. No further payment shall be deemed due nor shall be made until the new surety or sureties <br />shall have furnished an acceptable Bond to the Owner. <br />23. Assignments <br />23.1 Neither the Contractor nor the Owner shall sell, transfer, assign, or otherwise dispose of the <br />Contract or any portion thereof, or of any right, title, or interest therein, or any obligation thereunder, <br />without the written consent of the other party. <br />24. Indemnification <br />24.1 The Contractor will indemnify and hold harmless the Owner and the Engineer and their agents <br />and employees from and against all claims, damages, losses and expenses, including attorney's fees <br />arising out of or resulting from the performance of the work, provided that any such claims, damage, <br />loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction <br />of tangible property including the loss of use resulting therefrom; and is caused in whole or in part by <br />any negligent or willful act or omission of the Contractor, and subcontractor, anyone directly or <br />indirectly employed by any of them or anyone for whose acts any of them may be liable. <br />24.2 In any and all claims against the Owner or the Engineer, or any of their agents or employees of <br />the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone <br />for whose acts any of them may be liable, the indemnification obligation shall not be limited in any <br />way by any limitation on the amount or type of damages, compensation or benefits payable by or for <br />the Contractor or any subcontractor under Workers' Compensation acts, disability benefit acts, or <br />other employee benefit acts. <br />24.3 The obligation of the Contractor under this paragraph shall not extend to the liability of the <br />Engineer, its agents or employees arising out of the preparation or approval of maps, drawings, <br />opinions, reports, surveys, Change Orders, designs or specifications. <br />25. Separate Contracts <br />25.1 The Owner reserves the right to let other contracts in connection with this project. The <br />Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of <br />their materials and the execution of their work, and shall properly connect and coordinate the work <br />with theirs. If the proper execution or results of any part of the Contractor's work depends upon the <br />work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any <br />defects in such work that render it unsuitable for such proper execution and results. <br />General Conditions 00700 - 16 <br />