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ITB 23-03-01 Sunny Isles Beach Central Island Area Drainage Improvement and
<br />North Miami Beach Distribution System Watermain Replacements
<br />respective employees, agents, officials, officers, representatives,CONTRACTORs and
<br />subcontractors, successors, and assigns (hereafter the “CITY”) from and against any and
<br />all claims, demands, losses, damages, costs, expenses, including but not limited to
<br />mitigation, restoration, and natural restoration expenses, liabilities, assessments, fines,
<br />penalties charges, administrative and judicial proceedings and orders, judgments, causes of
<br />action, in law or in equity, remedial action requirements and/or enforcement actions of
<br />any kind (including, without limitation, attorneys’ fees and costs) directly or indirectly
<br />arising out of or attributable to, in whole or in part
<br />, the CONTRACTOR’s use, handling,
<br />storage, release, threatened release, discharge, treatment, removal, transport,
<br />decontamination, cleanup, disposal and/or presence of a Hazardous Substance (excluding
<br />asbestos) on, under, from, to or about the Premises or any other activity carried on or
<br />undertaken on or off the Premises by the CONTRACTOR or its employees, agents or
<br />subcontractors, in connection with the use, handling, storage, release, threatened release,
<br />discharge, treatment, mitigation, natural resource restoration, removal, transport,
<br />decontamination, cleanup, disposal and/or presence or any Hazardous Substance in
<br />cluding
<br />asbestos located, transported, or present on, undue, from, to, or about the Premises.
<br />This indemnity is intended to be operable under 42 U.S.C. sections 9607, as amended, and
<br />any successor section.
<br />
<br />The s
<br />cope of the indemnity obligations includes, but is not limited to: (a) all consequential
<br />damages; (b) the cost of any required or necessary repair, cleanup, or detoxification of the
<br />applicable real estate and the preparation and implementation of any closure, remedial or
<br />other required plan, including without limitation; (i) the costs of removal or remedial action
<br />incurred by the United States government or the State of Florida or response costs incurred
<br />by any other person, or damages from injury to destruction of, or loss of, natural resources,
<br />including the cost of assessing such i
<br />njury, destruction, or loss, incurred pursuant to the
<br />Comprehensive Environmental Response, Compensation and Liability Act, as amended; (ii)
<br />the clean-up costs, fines, damages, or penalties incurred pursuant to any applicable
<br />provisions of Florida law; and (iii) the cost and expenses of abatement, correction or
<br />cleanup, fines, damages, response costs, or penalties which arise from the provisions of
<br />any other statute, law, regulation, code ordinance, or legal requirement state or federal;
<br />and (c) liability for personal injury or property damage arising under any statutory or
<br />common law tort theory, including damages assessed for the maintenance of a public
<br />private nuisance, response costs, or for the carrying on of an abnormally dangerous activity.
<br />
<br />8.22No Extended Damages: Forother and additional good and valuable considerationthe
<br />receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR covenants
<br />and agrees that in the event of any delay of construction or for any other reason or
<br />allegation or claim, and notwithstanding the reason of the delay, reason, claim or
<br />allegation or who caused them or the construction delay or whether they were caused by
<br />the CITY, that there will be no entitlement to CONTRACTOR to or for any direct or indirect
<br />financial damages or losses for extended corporate overhead impact, extended project
<br />overhead impacts, project support services, mobilization or demobilization or by whatever
<br />other label or legal concept or theory and types of names or labels orbasis such claims
<br />may have, or any business damages or losses of whatever type or nature, and CONTRACTOR
<br />hereby waives any right to make any such claim or claims. This provision will have
<br />application and effect when construction delays are anticipated and agreed upon by both
<br />the CITY and the CONTRACTOR.
<br />8.23No Liens: If any Subcontractor, supplier, laborer, or materialmen of CONTRACTOR or any
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