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The scope of the indemnity obligations includes, but is not limited to: (a) all
<br />consequential damages; (b) the cost of any required or necessary repair,
<br />cleanup, or detoxification of the applicable real estate and the preparation and
<br />implementation of any closure, remedial or other required plan, including without
<br />limitation; (i) the costs of removal or remedial action incurred by the United
<br />States government or the State of Florida or response costs incurred by any
<br />other person, or damages from injury to destruction of, or loss of, natural
<br />resources, including the cost of assessing such injury, destruction, or loss,
<br />incurred pursuant to the Comprehensive Environmental Response,
<br />Compensation and Liability Act, as amended; (ii) the clean-up costs, fines,
<br />damages, or penalties incurred pursuant to any applicable provisions of Florida
<br />law; and (iii) the cost and expenses of abatement, correction or cleanup, fines,
<br />damages, response costs, or penalties which arise from the provisions of any
<br />other statute, law, regulation, code ordinance, or legal requirement state or
<br />federal; and (c) liability for personal injury or property damage arising under any
<br />statutory or common law tort theory, including damages assessed for the
<br />maintenance of a public private nuisance, response costs, or for the carrying on
<br />of an abnormally dangerous activity.
<br />8.22 No Extended Damages: For other and additional good and valuable
<br />consideration the receipt and sufficiency of which is hereby acknowledged, the
<br />Contractor covenants and agrees that in the event of any delay of construction or
<br />for any other reason or allegation or claim, and notwithstanding the reason of the
<br />delay, reason, claim or allegation or who caused them or the construction delay
<br />or whether they were caused by the City, that there will be no entitlement to
<br />Contractor to or for any direct or indirect financial damages or losses for
<br />extended corporate overhead impact, extended project overhead impacts, project
<br />support services, mobilization or demobilization or by whatever other label or
<br />legal concept or theory and types of names or labels or basis such claims may
<br />have, or any business damages or losses of whatever type or nature, and
<br />Contractor hereby waives any right to make any such claim or claims. This
<br />provision will have application and effect when construction delays are
<br />anticipated and agreed upon by both the City and the Contractor.
<br />8.23 No Liens: If any subcontractor, supplier, laborer, or materialmen of Contractor or
<br />any other person directly or indirectly acting for or through Contractor files or
<br />attempts to file a mechanic's or construction lien against the real property on
<br />which the work is performed or any part or against any personal property or
<br />improvements or claim against any monies due or to become due from the City
<br />to Contractor or from Contractor to a subcontractor, for or on account of any
<br />work, labor, services, material, equipment, or other items furnished in connection
<br />with the Work or any Change Order, Contractor agrees to satisfy, remove, or
<br />discharge such lien or claim at its own expense by bond, payment, or otherwise
<br />within twenty (20) days of the filing or from receipt of written notice from the City.
<br />CAM 20-0192
<br />C-17 EXHIBIT 3
<br />Page 17 of 46
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