Common use of Use of Site and Other Areas Clause in Contracts

Use of Site and Other Areas. A. DESIGN/BUILDER shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the OWNER and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. DESIGN/BUILDER shall be responsible for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Should any claim be made by any such owner or occupant because of the performance of the Construction, DESIGN/BUILDER shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. DESIGN/BUILDER shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER and anyone directly or indirectly employed by OWNER from and against all claims, costs, losses and damages (including, but not limited to, all reasonable fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, or any other party indemnified hereunder to the extent caused by or based upon DESIGN/BUILDER’s performance of the Construction. B. During the performance of the Construction, DESIGN/BUILDER shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Construction. At the completion of the Construction, DESIGN/BUILDER shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. DESIGN/BUILDER shall leave the Site clean and ready for occupancy by OWNER at Substantial Completion. DESIGN/BUILDER shall restore to original condition all property not designated for alteration by the Contract Documents. C. DESIGN/BUILDER shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall DESIGN/ BUILDER subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

Use of Site and Other Areas. A. DESIGN/BUILDER 1. Design Builder shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the OWNER Owner and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. DESIGN/BUILDER Design Builder shall be responsible assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Should any claim be made by any such owner or occupant because of the performance of the Construction, DESIGN/BUILDER Design Builder shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. DESIGN/BUILDER Design Builder shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER Owner, Owner’s Consultants and anyone directly or indirectly employed by OWNER any of them from and against all claims, costs, losses and damages (including, but not limited to, all reasonable fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNEROwner, or any other party indemnified hereunder to the extent caused by or based upon DESIGN/BUILDERDesign Builder’s performance of the Construction. B. 2. During the performance of the Construction, DESIGN/BUILDER Design Builder shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Construction. At the completion of the Construction, DESIGN/BUILDER Construction Design Builder shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. DESIGN/BUILDER Design Builder shall leave the Site clean and ready for occupancy by OWNER Owner at Substantial Completion. DESIGN/BUILDER Design Builder shall restore to original condition all property not designated for alteration by the Contract Documents. C. DESIGN/BUILDER 3. Design Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall DESIGN/ BUILDER Design Builder subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

Use of Site and Other Areas. A. DESIGN/BUILDER shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the OWNER and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. DESIGN/BUILDER shall be responsible for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Should any claim be made by any such owner or occupant because of the performance of the Construction, DESIGN/BUILDER shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. DESIGN/BUILDER shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER and anyone directly or indirectly employed by OWNER from and against all claims, costs, losses and damages (including, but not limited to, all reasonable fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, or any other party indemnified hereunder to the extent caused by or based upon DESIGN/BUILDER’s 's performance of the Construction. B. During the performance of the Construction, DESIGN/BUILDER shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Construction. At the completion of the Construction, DESIGN/BUILDER shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. DESIGN/BUILDER shall leave the Site clean and ready for occupancy by OWNER at Substantial Completion. DESIGN/BUILDER shall restore to original condition all property not designated for alteration by the Contract Documents. C. DESIGN/BUILDER shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall DESIGN/ BUILDER subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

Use of Site and Other Areas. A. DESIGN/BUILDER .1 Design Builder shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the OWNER Owner and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. DESIGN/BUILDER Design Builder shall be responsible assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Should any claim be made by any such owner or occupant because of the performance of the Construction, DESIGN/BUILDER Design Builder shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. DESIGN/BUILDER Design Builder shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER Owner, Owner's Consultants and anyone directly or indirectly employed by OWNER any of them from and against all claims, costs, losses and damages (including, but not limited to, all reasonable fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNEROwner, or any other party indemnified hereunder to the extent caused by or based upon DESIGN/BUILDER’s Design Builder's performance of the Construction. B. .2 During the performance of the Construction, DESIGN/BUILDER Design Builder shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Construction. At the completion of the Construction, DESIGN/BUILDER Construction Design Builder shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. DESIGN/BUILDER Design Builder shall leave the Site clean and ready for occupancy by OWNER Owner at Substantial Completion. DESIGN/BUILDER Design Builder shall restore to original condition all property not designated for alteration by the Contract Documents. C. DESIGN/BUILDER .3 Design Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall DESIGN/ BUILDER Design Builder subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

Use of Site and Other Areas. A. DESIGN/BUILDER shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the OWNER and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. DESIGN/BUILDER shall be responsible assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Should any claim be made by any such owner or occupant because of the performance of the Construction, DESIGN/BUILDER shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. DESIGN/BUILDER shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER and anyone directly or indirectly employed by OWNER from and against all claims, costs, losses and damages (including, but not limited to, all reasonable fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, or any other party indemnified hereunder to the extent caused by or based upon DESIGN/BUILDER’s 's performance of the Construction. B. During the performance of the Construction, DESIGN/BUILDER shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Construction. At the completion of the Construction, Construction DESIGN/BUILDER shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. DESIGN/BUILDER shall leave the Site clean and ready for occupancy by OWNER at Substantial Completion. DESIGN/BUILDER shall restore to original condition all property not designated for alteration by the Contract Documents. C. DESIGN/BUILDER shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall DESIGN/ BUILDER subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

Use of Site and Other Areas. A. DESIGN/BUILDER ‌ 3.12.1 Design-Builder shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted allowed by the OWNER City and other land and areas permitted allowed by Laws laws and Regulationsregulations, rights-of-way, way permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. DESIGN/BUILDER Design-Builder shall be responsible assume full responsibility for any damage to any such land or area, or to the owner City or occupant thereof or of any adjacent land or areas, resulting from the performance of the ConstructionWork. Should any claim be made by any such owner or occupant because of the performance of the Construction, DESIGN/BUILDER shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. DESIGN/BUILDER Design-Builder shall, to the fullest extent permitted by Laws laws and Regulationsregulations, indemnify and hold harmless OWNER the City, its City Council and anyone directly or indirectly employed by OWNER their officers, agents and employees from and against all claims, costs, losses and damages (including, but not limited to, all reasonable fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, or any other party indemnified hereunder to the extent caused by or based upon DESIGN/BUILDERDesign-Builder’s performance of the Construction.construction. BWP Design-Build 00600-22 RFP No. 1521 – ▇▇▇▇ Option Design Build Contract – BESSProject at the Hollywood Burbank Airport RITC B. 3.12.2 During the performance of the Constructionconstruction, DESIGN/BUILDER Design-Builder shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Constructionconstruction. At the completion of the Construction, DESIGN/BUILDER construction Design- Builder shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. DESIGN/BUILDER Design-Builder shall leave the Site clean and ready for occupancy by OWNER the City at Substantial Completion. DESIGN/BUILDER Design- Builder shall restore to original condition all property not designated for alteration by the Contract Documents. C. DESIGN/BUILDER 3.12.3 Design-Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall DESIGN/ BUILDER Design-Builder subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

Use of Site and Other Areas. A. DESIGN/BUILDER 1. Design Builder shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the OWNER Owner and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. DESIGN/BUILDER equipment Design Builder shall be responsible assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Should any claim be made by any such owner or occupant because of the performance of the Construction, DESIGN/BUILDER Design Builder shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. DESIGN/BUILDER Design Builder shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER Owner, Owner’s Consultants and anyone directly or indirectly employed by OWNER any of them from and against all claims, costs, losses and damages (including, but not limited to, all reasonable fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNEROwner, or any other party indemnified hereunder to the extent caused by or based upon DESIGN/BUILDERDesign Builder’s performance of the Construction. B. 2. During the performance of the Construction, DESIGN/BUILDER Design Builder shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Construction. At the completion of the Construction, DESIGN/BUILDER Construction Design Builder shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. DESIGN/BUILDER Design Builder shall leave the Site clean and ready for occupancy by OWNER Owner at Substantial Completion. DESIGN/BUILDER Design Builder shall restore to original condition all property not designated for alteration by the Contract Documents. C. DESIGN/BUILDER 3. Design Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall DESIGN/ BUILDER Design Builder subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

Use of Site and Other Areas. A. DESIGN/BUILDER 1. Design Builder shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the OWNER Owner and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. DESIGN/BUILDER Design Builder shall be responsible assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Should any claim be made by any such owner or occupant because of the performance of the Construction, DESIGN/BUILDER Design Builder shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. DESIGN/BUILDER Design Builder shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER Owner, Owner’s Consultants and anyone directly or indirectly employed by OWNER any of them from and against all claims, costs, losses and damages (including, but not limited to, all reasonable fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNEROwner, or any other party indemnified hereunder to the extent caused by or based upon DESIGN/BUILDERDesign Builder’s performance of the Construction. B. 2. During the performance of the Construction, DESIGN/BUILDER Design Builder shall keep the premises free from accumulations of waste materials, materials rubbish and other debris resulting from the Construction. At the completion of the Construction, DESIGN/BUILDER Construction Design Builder shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. DESIGN/BUILDER Design Builder shall leave the Site clean and ready for occupancy by OWNER Owner at Substantial Completion. DESIGN/BUILDER Design Builder shall restore to original condition all property not designated for alteration by the Contract Documents. C. DESIGN/BUILDER 3. Design Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall DESIGN/ BUILDER Design Builder subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

Use of Site and Other Areas. A. DESIGN/BUILDER shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the OWNER and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. DESIGN/BUILDER shall be responsible for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Notwithstanding the foregoing sentence, DESIGN/BUILDER shall not be responsible for, or any damage relating to, restoration of the landscaping or seeding of any such land or area and DESIGN/BUILDER shall only be responsible for restoring such land or area to the condition of such land or area at the time DESIGN/BUILDER completed the original construction of the plant. Should any claim be made by any such owner or occupant because of the performance of the Construction, DESIGN/BUILDER shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. DESIGN/BUILDER shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER and anyone directly or indirectly employed by OWNER from and against all claims, costs, losses and damages (including, but not limited to, all reasonable fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, or any other party indemnified hereunder to the extent caused by or based upon DESIGN/BUILDER’s 's performance of the Construction. B. During the performance of the Construction, DESIGN/BUILDER shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Construction. At the completion of the Construction, DESIGN/BUILDER shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. DESIGN/BUILDER shall leave the Site clean and ready for occupancy by OWNER at Substantial Completion. DESIGN/BUILDER shall restore to original condition all property not designated for alteration by the Contract Documents. C. DESIGN/BUILDER shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall DESIGN/ BUILDER subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

Use of Site and Other Areas. A. DESIGN/BUILDER 1. Design Builder shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the OWNER Owner and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. DESIGN/BUILDER , Design Builder shall be responsible assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Should any claim be made by any such owner or occupant because of the performance of the Construction, DESIGN/BUILDER Design Builder shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. DESIGN/BUILDER Design Builder shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER Owner, Owner’s Consultants and anyone directly or indirectly employed by OWNER any of them from and against all claims, costs, losses and damages (including, but not limited to, all reasonable fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNEROwner, or any other party indemnified hereunder to the extent caused by or based upon DESIGN/BUILDERDesign Builder’s performance of the Construction. B. 2. During the performance of the Construction, DESIGN/BUILDER Design Builder shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Construction. At the completion of the Construction, DESIGN/BUILDER Construction Design Builder shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. DESIGN/BUILDER , Design Builder shall leave the Site clean and ready for occupancy by OWNER Owner at Substantial Completion. DESIGN/BUILDER Design Builder shall restore to original condition all property not designated for alteration by the Contract Documents. C. DESIGN/BUILDER shall 3. Design Builder shah not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall DESIGN/ BUILDER Design Builder subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

Use of Site and Other Areas. A. DESIGN/BUILDER 3.15.1 Design-Builder shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted allowed by the OWNER City and other land and areas permitted allowed by Laws laws and Regulationsregulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. DESIGN/BUILDER Design-Builder shall be responsible assume full responsibility for any damage to any such land or area, or to the owner City or occupant thereof or of any adjacent land or areas, resulting from the performance of the ConstructionWork. Should any claim be made by any such owner or occupant because of the performance of the Construction, DESIGN/BUILDER shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. DESIGN/BUILDER Design-Builder shall, to the fullest extent permitted by Laws laws and Regulationsregulations, indemnify and hold harmless OWNER City, City’s consultants and anyone directly or indirectly employed by OWNER any of them from and against all claims, costs, losses and damages (including, but not limited to, all reasonable fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner City or occupant against OWNERCity, or any other party indemnified hereunder to the extent caused by or based upon DESIGN/BUILDERDesign-Builder’s performance of the Constructionconstruction. B. 3.15.2 During the performance of the Constructionconstruction, DESIGN/BUILDER shall Design-Builder shall, on a daily basis, keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Constructionconstruction. At Daily and at the completion of the Constructionconstruction, DESIGN/BUILDER Design-Builder shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. DESIGN/BUILDER Design-Builder shall leave the Site clean and ready for occupancy by OWNER City at Substantial Completion. DESIGN/BUILDER Design-Builder shall restore to original condition all property not designated for alteration by the Contract Documents. C. DESIGN/BUILDER 3.15.3 Design-Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall DESIGN/ BUILDER Design-Builder subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

Use of Site and Other Areas. A. DESIGN/BUILDER shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the OWNER and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. DESIGN/BUILDER shall be responsible for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Notwithstanding the foregoing sentence, DESIGN/BUILDER shall not be responsible for, or any damage relating to, restoration of the landscaping or seeding of any such land or area and DESIGN/BUILDER shall only be responsible for restoring such land or area to the condition of such land or area at the time DESIGN/BUILDER completed the original construction of the plant. Should any claim be made by any such owner or occupant because of the performance of the Construction, DESIGN/BUILDER shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. DESIGN/BUILDER shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER and anyone directly or indirectly employed by OWNER from and against all claims, costs, losses and damages (including, but not limited to, all reasonable fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, or any other party indemnified hereunder to the extent caused by or based upon DESIGN/BUILDER’s performance of the Construction. B. During the performance of the Construction, DESIGN/BUILDER shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Construction. At the completion of the Construction, DESIGN/BUILDER shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. DESIGN/BUILDER shall leave the Site clean and ready for occupancy by OWNER at Substantial Completion. DESIGN/BUILDER shall restore to original condition all property not designated for alteration by the Contract Documents. C. DESIGN/BUILDER shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall DESIGN/ BUILDER subject any part of the Work or adjacent property to stresses or pressures that will endanger it.