Specs

Bridgestone Retail Operations, LLC
PROJECT MANUAL
Version: January 2012
D. Waiver of Subrogation. To the fullest extent permitted by law, Contractor agrees to waive all rights of
subrogation against Owner, including Owner’s directors, officers and employees, and shall cause each of its
Subcontractors to waive their rights of subrogation against Owner, including Owner’s directors, officers and
employees, for all costs or expenses, losses, damages, claims, suits or demands, howsoever caused:
i. To real or personal property, vehicles, equipment, tools, etc. owned, leased or used by Contractor or
Contractor’s employees, agents or subcontractors; and
ii. To the extent such loss, damage, claims, suits or demands are covered, or should be covered, by the required
or any other insurance (except professional liability to which this requirement does not apply) maintained by the
Contractor. This waiver shall apply to all first party property, equipment, vehicle and workers compensation
claims (unless prohibited under applicable state statutes), and all third party liability claims. This waiver shall
apply to all deductibles, retentions or self-insured layers applicable to the required or any other insurance (except
professional liability to which this requirement does not apply) maintained by Contractor. If necessary,
Contractor agrees to endorse the required insurance policies to permit waivers of subrogation in favor of Owner
as required hereunder. Contractor further agrees to hold harmless and indemnify Owner for any loss or expense
incurred as a result of professional’s failure to obtain such waivers of subrogation from Contractor’s insurers.
12. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall indemnify, save harmless,
and defend Owner, its partners, managers, members, employees, officers, directors, trustees, shareholders, counsel,
representatives, agents, subsidiaries, affiliates, successors and assigns (the “Indemnified Parties”) against any and
all Claims that may arise, or be alleged to have arisen, out of or in connection with the Work or any part thereof,
whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence or fault
of Contractor; provided, however, the provisions of this Section 12 shall not be construed to require the Contractor
to indemnify any person or entity indemnified hereunder for or against such person’s or entity’s own negligence or
to require any indemnification which would make the provisions of this Section 12 void or unenforceable. The
obligations of the Contractor pursuant to this Section 12 are not to be construed to negate or reduce any other right
or obligation of indemnification which would otherwise exist as to any party or person described in this Section 12.
The Contractor shall: (i) to the fullest extent permitted by law, defend, indemnify and hold the Indemnified
Parties harmless from and against any and all actual liability, loss, suits, claims, actions, causes of action,
proceedings, demands, costs, penalties, fines and expenses (including without limitation reasonable attorneys’ fees,
expert fees, court costs and expenses), and clean-up costs, if caused by reason of or as a result of the generation,
storage, treatment, handling, transportation, disposal or release by the Contractor or any entity for whom the
Contractor is responsible of any hazardous material brought onto the Project site by the Contractor, its
Subcontractors, Sub-subcontractors or anyone for whom the Contractor is legally liable in violation of any
applicable Laws or the requirements of the Contract Documents regarding hazardous materials; and (ii) with
reasonable promptness remove or cause the removal of such hazardous materials from the Project site or otherwise
remediate such condition, in each case in accordance with applicable Laws.
To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the
Indemnified Parties from all liabilities, claims, demands, actions, suits and costs (including, without limitation,
reasonable attorneys’ fees, expert fees, court costs and expenses) if caused by reason of or as result of a notice of
lien, claim for lien, lien, or suit to foreclose a lien filed, given, made or maintained by Subcontractor,
Sub-subcontractor or supplier provided that the Contractor has received payment pursuant to the terms of this
Contract and subject to Owner’s rights to withhold payment as provided in this Contract.
In claims against any person or entity indemnified under this Section 12 by an employee of the Contractor, a
Subcontractor or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the
indemnification obligations under this Section 12 shall not be limited by a limitation on the amount or type of
damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's
compensation acts, disability benefit acts or other employee benefit acts.
13. CHANGES. Any changes, additions or deletions to this Contract, the Contract Price, the Contract Time,
the Work or the Premises must be in writing on Owner's Change Order form and signed by either James Blecha,
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