Contract specifications for decontamination, 53 Park Place, Nov 2001

NYC 9/11 Public Portal Document

1 35.3 The obligations set forth in this Paragraph 35 shall specifically include, but shall not be limited to, all claims, damages, losses and expense (including but not limited to attorney's fees) directly or indirectly arising or alleged to arise under any scaffolding, structural work or safe place law or any other law with respect to the protection of adjacent landowners.

1 35.4 In any and all claims against World Wide Holdings Corporation, Lions Head 53 Development LLC, Environmental Monitoring & Consulting Associates or any of their respective directors, officers, employees, agents, consultants or tenants by Contractor or by any employee of Contractor, any Subcontractor, anyone directly or indirectly employed or engaged by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph 35 shall not be limited in any way by any limitation on the amount or type of damages, compensation, benefits or proceeds payable by, for, or to Contractor or any Subcontractor under worker's compensation acts, disability benefit acts or other employee benefit acts or under any insurance policies.

35.5 The indemnity obligation contained in this Paragraph 35 is in addition to and shall in no way limit any other indemnity obligation set forth in any other Paragraphs of this Contract nor shall it deprive World Wide Holdings Corporation, Lions Head 53 Development LLC, Environmental Monitoring & Consulting Associates or any of their I respective directors, officers, employees, agents, consultants or tenants of any other action, right or remedy otherwise available to World Wide Holdings Corporation, Lions Head 53 Development LLC, Environmental Monitoring & Consulting Associates or any of their respective directors, officers, employees, agents, consultants or tenants.

35.6 The provisions of this Paragraph 35 shall survive the termination or expiration of the Contract.

1 36. INTERPRETATION:

The Contractor fully understands and agrees that Environmental Monitoring & Consulting Associates or it's representative shall decide as to the meaning and applicability of any part of the Contract Documents, and the Contractor agrees that their decision shall be binding and final, without limitation upon the Contractor and all of his subcontractors.

37. PAYMENT:

Contractor shall submit invoices on forms approved by the Consultant, on a monthly basis, for work performed. The invoices shall be submitted in triplicate for the Consultant to review. The Consultant shall make recommendations to the Owner and the Owner shall make payment to the Contractor based upon the Consultant's recommendations. All progress payments made to the Contractor shall be less a 10% retainage. The retainage shall be paid to the Contractor with the final payment.

LJ

1 SC-10

NYC-WTC 000098601