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

Use of Site and Other Areas. 3.12.1 For every Work Order Package, Design-Builder shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas allowed by the City and other land and areas allowed by laws and regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the Site with construction equipment or other materials or equipment. Design-Builder shall assume full responsibility for any damage to any such land or area, or to the City or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Design-Builder shall, to the fullest extent permitted by laws and regulations, indemnify and hold harmless City, City’s consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, 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 City or occupant against City, or any other party indemnified hereunder to the extent caused by or based upon Design-Builder’s performance of the construction. 3.12.2 During the performance of the construction of any Work Order Package project, Design-Builder shall keep the Site 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 Sites 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 City at Substantial Completion.

Use of Site and Other Areas. 3.12.1 For every Work Order Package, Design-Builder shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas allowed by the City and other land and areas allowed by laws and regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the Site with construction equipment or other materials or equipment. Design-Design- Builder shall assume full responsibility for any damage to any such land or area, or to the City or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Design-Builder shall, to the fullest extent permitted by laws and regulations, indemnify and hold harmless City, City’s consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, 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 City or occupant against City, or any other party indemnified hereunder to the extent caused by or based upon Design-Builder’s performance of the construction. 3.12.2 During the performance of the construction of any Work Order Package project, Design-Builder shall keep the Site free from accumulations of waste materials, rubbish and other debris resulting from the construction. At the completion of the construction Design-Design- Builder shall remove all waste materials, rubbish and debris from and about the Sites 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 City at Substantial Completion.