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<br />employees, or (2) the Architect, Architect's consultants, separate contractors
<br />described in Article 6, if any, or any of their subcontractors, sub-
<br />subcontractors, agents or employees."
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<br />11.6 Add the following Subparagraph: INDEMNIFICATION
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<br />11.6.1:
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<br />To the fullest extent permitted by law, Contractor shall indemnify, defend and
<br />hold harmless Owner, Owner's elected officials and employees, Architect and
<br />the directors, officers, shareholders, employees and agents of any of the above
<br />mentioned parties (the "Indemnified Parties") from and against any and all
<br />loss, cost, expense, damage, injury, liability, claim, demand, penalty or cause
<br />of action (including attorneys' fees), directly or indirectly arising out of,
<br />resulting from or related to (in whole or in part), (1) the Work performed
<br />hereunder, (2) the Contract or (3) the act or omission of Contractor, a
<br />Subcontractor or any individual, partnership, joint venture or corporation (a)
<br />directly or indirectly employed by Contractor or a Subcontractor or (b) for
<br />whose acts or omissions Contractor or a Subcontractor may be liable
<br />(excluding property damage to the Work itself, covered by the Owner's all-
<br />risk builder's risk insurance, subject to Contractor's liability for any
<br />deductible amount thereunder). The obligations of Contractor under this
<br />indemnification shall apply to all matters except those arising from acts or
<br />omissions of Owner and its invitees in connection with the continued use
<br />during construction of the building being renovated and expanded pursuant to
<br />the Contract or except those arising from the gross negligence of Owner.
<br />Further, the obligations of Contractor under this indemnification shall not
<br />extend to the liability of the Architect, their agents or employees, arising out
<br />of (1) the preparation or approval of maps, Drawings, opinions, reports,
<br />surveys, Change Orders, designs or Specifications or (2) the giving of or the
<br />failure to give directions or instructions by the Architect, their agents or
<br />employees provided such giving or failure to give is the provided such giving
<br />or failure to give is the primary cause of the injury or damage. Contractor
<br />shall promptly advise Owner in writing of any action, administrative or legal
<br />proceeding or investigation as to which this indemnification may apply, and
<br />Contractor, at Contractor's expense, shall assume on behalf of Owner and
<br />conduct with due diligence and in good faith the defense thereof with counsel
<br />satisfactory to Owner; provided, that Owner shall have the right to be
<br />represented therein by advisory counsel of its own selection and at its own
<br />expense; and provided further, that if the defendants in any such action
<br />include both Contractor and Owner and Owner shall have reasonably
<br />concluded that there may be legal defenses available to it which are different
<br />from or additional to, or inconsistent with, those available to Contractor,
<br />Owner shall have the right to select separate counsel to participate in the
<br />defense of such action on its own behalf at Contractor's expense. In the event
<br />of failure by Contractor to fully perform -in accordance with this
<br />indemnification paragraph, Owner, at its option, and without relieving
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<br />Jl1340vl JMS EL185-6
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