Contract specifications for decontamination, 53 Park Place, Nov 2001

NYC 9/11 Public Portal Document

I 35. INDEMNIFICATION:

35.1 Contractor shall, with respect to it's obligations under this Contract, save, indemnify and hold World Wide Holdings Corporation, Lions Head 53 Development LLC, Environmental Monitoring & Consulting Associates and their respective directors, officers, employees, agents, consultants and tenants harmless from and against each and all of the following:

1. Any claim, liability, loss, damage, cost, expense, including reasonable I attorney's fees, award, fine or judgment arising by reason of the death or bodily injury to person, injury to property, or any other loss, damage, expense or liability

1 resulting from or arising out of the performance of the work.

2. Any and all liens and charges of every type, nature, kind or description which may ' at any time be filed or claimed against the project, or any portion thereof, or the building of which the project is a part, as a consequence, direct or indirect, of acts or omissions of Contractor, Contractor's agents, servants, employees, Sub- contractors, Sub-subcontractors or anyone directly or indirectly employed or engaged by any of them or anyone for whose acts any of them may be liable.

1 3. Any and all claims, liabilities, losses, costs, damages, expenses, awards, fines or judgments, including attorney's fees, sustained by World Wide Holdings Corporation, Lions Head 53 Development LLC, Environmental Monitoring & Consulting Associates or any of their respective directors, officers, employees, agents, consultants and tenants, on account of or through the use of the project, or any portion thereof, by Contractor, or by any other person whomsoever at the invitation, express or implied, of Contractor, or by permission of Contractor or arising out of or indirectly or directly resulting from the performance of this Contract by Contractor.

4. Any liability, loss, cost, damage or expense, including attorney's fees, arising out of or in connection with the failure of (i) Contractor to pay, as provided in the Contract, or cause to pay, any Subcontractor, Sub-subcontractor, material man, supplier, or any other person with whom Contractor contracted, or who is employed or engaged, directly or indirectly, by Contractor or (ii) any other claim by or any acts or omissions of any employee of Contractor, any Subcontractor, or Sub-subcontractor, or any other person engaged in connection with the work.

35.2 Owner shall have the right, at it's option, upon notice to Contractor, to employ such counsel as Owner deems necessary to represent Owner in connection with any liability hereunder, (and Environmental Monitoring & Consulting Associates shall have the right, at it's option, upon notice to Contractor to employ it's own counsel to represent it) and all

I fees and expenses of such counsel shall be the sole responsibility of Contractor.

rJ 1 SC-9

NYC-WTC 000098600