WTC dust cleanup contract documents, insurance and indemnification specifications

NYC 9/11 Public Portal Document © NYC-—DEP Information For Bidders and Supply & Service Aqreement 4 Rev. 11/93 ARTICLE 7 - LIABILITY OF CONTRACTOR 2.) GENERAL LIABILITY A. The Contractor shall be solely responsible for all physical injuries or death to it agents, Servants, or employees or to any other person and for all damage to any property sustained during its operations and work under this Agreement resulting from any act of omission or commission or error in judgment of any of its officers, trustees, employees, agents, liability upon any and all claims for damages including those on account of such injuries or death to any such person or damages to property on account of neglect, fault or default of the - Contractor, its officers, trustees, employees, agents, servants, or independent contractors. The Contractor shall be solely responsible for the safety and protection of all of its employees whether due to the negligence, fault or default of the Contractor or not. B. In the event that any claim is made or any action in brought against the City arising out of negligence or careless acts of an employee of the Contractor either within or without the scope of his employment, or arising out of Contractor’s negligent performance of this Agreement, or any act included in paragraph A above then the City shall have the right to withhold further payments hereunder for the purpose of setoff in sufficient sums to cover the be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. , 7.2_PR IN OF PROPERTY A. The Contractor assumes the risk of, and shall be responsible for any loss or damage to City property including property and equipment leased by the City, used in the performance of this Agreement, and caused, either directly or indirectly, by the acts, conduct, omissions or lack of good faith of the Contractor, its officers, managerial personnel employees, or any person, firm, company, agent or other engaged by the Contractor as expert, consultant, specialist or subconiractor hereunder. B. In the event that any such City property is lost or damaged except for normal wear and tear, or to the extent that such property is consumed in the performance of this Agreement then the City shall have the right to withhold further payments hereunder for the purpose of setoff in sufficient sums to cover such loss or damage. (C. The Contractor agrees to indemnify the City and hold it harmless from any and all liability or claim for damages due to any such loss or damage to any such City property described in subsection A above. D. The rights and remedies of the City provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law or by this Agreement. 7.3 INERINGEMENTS The Contractor shall] be liable to the Department and hereby agrees to indemnify and hold 22 NYC-WTC_000154104