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DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO <br />ATTORNEYS' FEES ARISING OCT OF OR RESULTING FROM THE <br />PERFORMANCE OF THE WORK, PROVIDED THAT ANY SUCH CLAIM, <br />DAMAGE, LOSS OR EXPENSE (1) IS ATTRIBUTABLE TO BODILY INJURY, <br />SICKNESS, DISEASE OR DEATH, OR TO INJURY TO OR DESTRUCTION OF <br />TANGIBLE PROPERTY (OTHER THANTHE WORK ITSELF) INCLUDING THE <br />LOSS OF USE RESULTING THEREFROM, AND (2) IS CAUSED IN WHOLE OR <br />IN PART BY ANY NEGLIGENT' OR GROSSLY NEGLIGENT ACT OR <br />OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, ANYONE <br />DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE <br />FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE. SUCH OBLIGATION <br />SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE, OR OTHERWISE <br />REDUCE ANY OTHER RIGHT OR OBLIGATION OF INDEMNITY WHICH <br />WOULD OTHERWISE EXIST AS TO ANY PARTY OR PERSON DESCRIBED, IN <br />THIS PARAGRAPH, IN ANY AND ALL CLAIMS AGAINST OWNER OR ANY <br />OF THEIR AGENTS OR EMPLOYEES BY ANY EMPLOYEE OF THE <br />CONTRACTOR, ANY SUBCONTRACTOR, ANYONE DIRECTLY OR <br />INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE <br />ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION <br />OBLIGATION UNDER PARAGRAPH 10.1 I SHALL NOT BE LIMITED IN ANY <br />WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, <br />COMPENSATION OR BENEFITS PAYABLE BY OR, FOR THE CONTRACTOR <br />OR ANY SUBCONTRACTOR UNDER WORKERS' OR WORKERS' <br />COMPENSATION ACTS, DISABILITY BENEFIT ACTS OR OTHER EMPLOYEE <br />BENEFIT ACTS. <br />ARTICLE 11 - SUBCONTRACTS: <br />11.1 A subcontractor is a person or entity who has a direct contract with the Contractor to <br />perform any of the work at the site. <br />11.2 Contractor, as soon as practicable after the award of the Contract, shall furnish to <br />Owner in writing the names of subcontractors for each of the principal portions of the <br />work. Contractor shall not employ any Subcontractor to whom Owner may have <br />reasonable objection. Contractor shall not be required to contract with anyone to <br />whom he has a reasonable objection. Contracts between the Contractor and <br />subcontractors shall require each Subcontractor, to the extent of the work to be <br />performed by the Subcontractor, to be bound to the Contractor by the terms of this <br />Contract, and to assume toward the Contractor all the obligations and responsibilities <br />which the Contractor, by this Contract, assumes toward Owner and allow to the <br />subcontractor the benefit of all rights, remedies and redress afforded to the Contractor <br />by this Contract. <br />CONTRACT - 6 <br />