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® LIABILITY OF ANY INDEMNITEE. THE DEFENSE, INDEMNITY, AND HOLD HARMLESS <br /> OBLIGATION GRANTED HEREIN IN FAVOR OF THE INDEMNITEES SHALL INCLUDE ALL <br /> CLAIMS FOR DAMAGE OF ANY SORT, INCLUDING PERSONAL INJURY AND DEATH, <br /> ASSERTED BY ANY PERSON OR ENTITY CAUSED BY THE SOLE, JOINT AND/OR <br /> CONCURRENT FAULT, NEGLIGENCE, OR STRICT LIABILITY OF ANY INDEMNITEE, <br /> • WHETHER COLLECTIVELY OR SINGULARLY. THIS INDEMNIFICATION OBLIGATION <br /> SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE <br /> OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR <br /> SUBCONTRACTOR UNDER WORKERS COMPENSATION ACTS, DISABILITY BENEFIT <br /> ACTS OR OTHER EMPLOYEE BENEFIT ACTS OR INSURANCE COVERAGE OF <br /> SUBCONTRACTOR. The term "Ancillary Documents" shall mean the prime contract between <br /> Contractor and the governmental entity or project owner, any contract(s) or agreement(s) <br /> between Subcontractor and its employees, subcontractors, drivers, operators, agents, and <br /> suppliers. Notwithstanding any provision of this Agreement to the contrary, Contractor shall be <br /> entitled to recover reasonable attorneys' fees, expert witness fees, and litigation expenses to <br /> 410 judicially, or otherwise, enforce the terms of this paragraph and Agreement. <br /> 12. Subcontractor waives all rights related to and will save and keep the Project, <br /> and the lands upon which it is situated or on which work is performed, free from all <br /> mechanic's liens and all other liens, claims, or privileges by reason of Subcontractor's work or <br /> any labor, materials, or other things used on the Project. If Subcontractor fails to remove any <br /> lien, claim, or privilege by bonding it or otherwise, Contractor may retain sufficient funds, out <br /> of any amounts due under this Agreement or Ancillary Document, to pay the same and all <br /> costs incurred by reason thereof, including, without limitation, attorneys' and expert witness <br /> fees. <br /> 13. Subcontractor shall cooperate with Contractor and other subcontractors whose <br /> work or responsibilities might interfere with other subcontractors' work on the Project, and <br /> shall coordinate his/its operations in areas of congestion, specifically advising Contractor of <br /> 410 <br /> any such interference. <br /> KDF Enterprises, LLC RFP Disaster Debris Management and Disposal Services 18-04-02 <br />