WORLD TRADE CENTER - RESIDENTIAL APARTMENTS

NYC 9/11 Public Portal Document NWYC-DEP Information For Ridders and Supply & Serwice Agreement (Rev. _ 711/93) ARTICLE 7 - LIABILITY OF CONTRACTOR 7.1 GENERAL LIABILITY , A. The Contractor shall be solely responsible for all physical injuries or death to its agents, servants, or employees or to any other person and for al] damage to any property sustained during ms 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, Servants, or independent contractors, and shall hold harmless and indemmify the City from to any such person or damages to property on account of neglect, fault or default of 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 Ciry arising out of negligence or careless acts of an employee of the Comtractor either within or without the scope of his employment, or arising out of Contractor's negligent performance of this Agreement, or any act inctuded 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 N_OF PROPERTY A. The Contractor assumes the risk of, and shall be responsible for any loss or 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 Comtractor as expert, consultant, 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. Cc. 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 amy such City property described in subsection A above. D. The rights and remedies of the City provided herem shali not be exclusive and are in addition to any other rights and remedies provided by law or by this Agreement. 7.3 INFRINGEMENTS The Contractor shall be liabie to the Department and hereby agrees to indemnify and hold 22 NYC-WTC_000154153