THIS INDEMNITY IS NOT INTENDED TO EXTEND TO ANY CLAIM ARISING FROM
THE NEGLIGENCE OF THE ARCHITECT OR ENGINEER RELATING TO OR ARISING FROM THE
DESIGN AND/OR ENGINEERING FOR THE PROJECT.
(B)
THE VENDOR'S OBLIGATIONS TO THE INDEMNITEES UNDER PART (A) OF THIS ARTICLE
INCLUDE INDEMNIFICATION AGAINST CLAIMS, SUITS AND CAUSES OF ACTION (AS DEFINED
AND LIMITED IN PART (A)) BROUGHT BY VENDORS, EMPLOYEES OR AGENTS OF THE VENDOR
OR ITS LOWER-TIER VENDORS AS A RESULT OF AN UNSAFE PLACE TO WORK, FAILURE TO
PROPERLY SUPERVISE, OR SUCH SIMILAR TYPES OF COMPLAINTS.
THE VENDOR, ITS
LOWER-TIER VENDORS AND VENDORS SHALL NOT RAISE THE IMMUNITY OF WORKERS'
COMPENSATION ACTS OR SIMILAR LAWS AS A DEFENSE TO THE OBLIGATIONS ASSUMED
HEREUNDER WITH RESPECT TO ACTIONS BROUGHT BY THEIR OWN EMPLOYEES AGAINST THE
INDEMNITEES.
(C)
THE VENDOR SHALL PAY ALL REASONABLE EXPENSES AND ATTORNEYS' FEES INCURRED BY THE
INDEMNITEES IN THE ENFORCEMENT OF THIS ARTICLE.
(D)
FOR THE AVOIDANCE OF DOUBT, THE INDEMNIFICATION OBLIGATIONS OF VENDOR UNDER THIS
ARTICLE SHALL NOT APPLY TO MATTERS OF THE PHYSICAL CHARACTERISTICS OF THE WORK
PERFORMED HEREUNDER (WHICH, RATHER, IS GOVERNED EXCLUSIVELY BY THE WARRANTY
GRANTED IN ARTICLE 18 OF THIS AGREEMENT).
(E)
WARRIOR GROUP SHALL INDEMNIFY, DEFEND BY COUNSEL REASONABLY ACCEPTABLE TO
VENDOR, AND HOLD HARMLESS VENDOR, AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS,
ATTORNEYS, CONSULTANTS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS,
DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY'S
FEES, ARISING OUT OF OR RESULTING FROM (i) THE PERFORMANCE OF ANY WORK,
MODIFICATIONS OR ANY ACTIONS PERFORMED BY WARRIOR GROUP OR WARRIOR GROUP'S OTHER
SUBCONTRACTORS OR THEIR AGENTS OR EMPLOYEES WITH RESPECT TO THE WORK DELIVERED
OR PERFORMED BY VENDOR HEREUNDER (INCLUDING DAMAGE TO VENDOR'S WORK) ONLY TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF WARRIOR GROUP .
22.
Except to the extent expressly provided otherwise herein, the Vendor shall
provide at its own expense whatever tools, machines, equipment, plant utilities,
service, storage sheds, workshops, offices, other temporary structures, and any
other facilities it may deem necessary for the complete performance of all work
required under this Agreement, and shall remove any such installations and
thoroughly clean and restore the site and premises at the completion of the
work. If the Vendor has occasion to utilize any of the facilities of the WARRIOR
GROUP, when and if available, Vendor shall pay an equitable portion of the cost
thereof, provided, however, that WARRIOR GROUP shall bear no responsibility for
any loss or damage from any cause whatsoever arising from Vendor's use of such
facilities.
23.
The Vendor shall obtain WARRIOR GROUP'S approval for and do any material
cutting, patching, and blocking necessary to complete Vendors work hereunder,
and such work shall be performed to the same standards and shall match any
related work in accordance with the Contract Documents. The Vendor and WARRIOR
GROUP agree to cooperate with each other and other vendors whose work might
interfere with the Vendor's, WARRIOR GROUP'S or other another vendor's work,
including without limitation,