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CONTRACTOR "HOLD HARMLESS" WARRANTY To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and the Owner s Representatives and their agents and employees from and against all claims, damages, losses and expense, including but not limited to attorneys fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts of any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.. CONTRACT SUM/PROGRESS PAYMENTS The Owner/Owner s Representative shall pay the Contractor for performance of the Work, subject to additions and deductions by approved Change Orders, the Contract Sum of The Contract sum is determined as follows: Base Bid Addenda Contract Sum Based upon invoices submitted to the Owner s Representatives, the Owner/Owner s Representative shall make payments on account of the Contract Sum to the Contractor as follows: Draw 1 Draw 2 Draw 3 Draw 4 Draw 5 Retainage of 10 will be held on all payments..
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