NYC 9/11 Public Portal Document
In addition, the Contractor shall also defend the City and the
United States of America against any and all claims, actions or
other liability including those for property damage, personal injury
or death arising out of or in conjunction with the Contractor’s
operations and work under this agreement.
(b) Article 7.1 - General Liability
Replace paragraph B with the following:
2. In the event that any claim is made or any action is brought
against the City and/or the United States of America arising out of
th^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 arising
out of any act included in paragraph A above^ then the City shall
have the right to withhold further payments hereunderto the
Contractor for the purpose of setoff in sufficient sums to cover the
said claim or action. The rights and remedies provided for in this
clause shall not be exclusive and are in addition to any other rights
and remedies provided by law, equity or this Agreement.
5. Supply and Service Agreement - Article 12.9, Publicity
Replace Paragraph A. with the following:
The prior written approval of the Department and the United States
Environmental Protection Agency (“EPA”) is required before the
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