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

Use of Site and Other Areas. A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall 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 Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, Construction Manager, ARCHITECT, ARCHITECT’s Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of ENGINEERS, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, Construction Manager, ARCHITECT, or any other party indemnified hereunder to the extent caused by or based upon ▇▇▇▇▇▇▇▇▇▇'s performance of the Work.

Appears in 2 contracts

Sources: Contract, Contract

Use of Site and Other Areas. A. Limitation on Use of Site and Other Areas. 1. CONTRACTOR Design/Builder shall confine construction equipment, the storage of materials and equipment, and the operations of construction workers to the Site and other areas permitted by Laws and or Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR Design/Builder shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, thereof or of any adjacent land or areas areas, resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR 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. 3. To the fullest extent permitted by Laws and or Regulations, CONTRACTOR Design/Builder shall indemnify and hold harmless OWNEROwner, Construction Manager, ARCHITECT, ARCHITECTOwner’s Consultant, Consultants and the officers, directors, partners, employees, agents, and other consultants of each and anyone directly or indirectly employed by any of them from and against all claims, costs, losses, losses and damages (including including, but not limited to all to, fees and charges of ENGINEERSengineers, architects, attorneys, attorneys and other professionals and all court or and arbitration or other dispute resolution costs) arising out of or relating to resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, Construction Manager, ARCHITECTOwner, or any other party indemnified hereunder to the extent caused by or based upon ▇▇▇▇▇▇▇▇▇▇'s Design/Builder’s performance of the WorkConstruction.

Appears in 1 contract

Sources: Design/Builder Agreement (Nova Oil Inc)

Use of Site and Other Areas. A. Limitation on Use of Site and Other Areas: 1. CONTRACTOR Construction Manager shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR Construction Manager shall 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 Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR Construction Manager shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law.. SAMPLE 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR Construction Manager shall indemnify and hold harmless OWNER, Construction Manager, ARCHITECT, ARCHITECT’s ConsultantOwner and Architect, and the officers, directors, members, partners, employees, agents, consultants and other consultants subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of ENGINEERSengineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNEROwner, Construction Manager, ARCHITECTArchitect, or any other party indemnified hereunder to the extent caused by or based upon ▇▇▇▇▇▇▇▇▇▇'s Construction Manager’s performance of the Work. Nothing herein shall be construed or interpreted as consent by the Owner to be sued, nor as a waiver of sovereign immunity beyond the waiver or limits provided in §768.28, Florida Statutes.

Appears in 1 contract

Sources: Construction Manager at Risk Agreement

Use of Site and Other Areas. A. Limitation on Use of Site and Other Areas 1. CONTRACTOR Contractor shall confine construction equipmentequip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably umeasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR Contractor shall 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 Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR Contractor shall indemnify and hold harmless OWNER, Construction Manager, ARCHITECT, ARCHITECT’s ConsultantOwner and Engineer, and the officers, directors, partners, employees, agents, consultants and other consultants subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of ENGINEERSengineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNEROwner, Construction Manager, ARCHITECTEngineer, or any other party indemnified hereunder to the extent caused by or based upon ▇▇▇▇▇▇▇▇▇▇Contractor's performance of the Work.

Appears in 1 contract

Sources: Annual Service Agreement