Peachee Construction

Please be advised that the following indemnification provision
is part of Peachee Construction's standard subcontract.

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<p>INDEMNIFICATION.  Subcontractor (also referred to in this paragraph as indemnitor) agrees to indemnify and hold harmless Contractor and Owner (also referred to in this paragraph as indemnitees) from and against any liability for damages arising from the contract or its performance to persons or property caused in whole or in part by any act, omission, or default of: a) Subcontractor, b) any of the Subcontractor's contractors, subcontractors, sub-subcontractors, materialmen, or agents of any tier or their respective employees, and, c) (subject to a monetary limitation of 1.5 times the full Sum of this Subcontract identified in paragraph 1 above) indemnitees and their officers, directors, agents, or employees, provided it is claimed that the work contemplated by this Subcontract, or any part thereof, is defective or inconsistent with the Contract Documents.  However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitees or their officers, directors, agents or employees, or for statutory violation or punitive damages except and to the extent the statutory violation or punitive damages are caused by or result from the acts or omissions of the indemnitor or any of the indemnitor's contractors, subcontractors, sub-subcontractors, material, men, or agents of any tier or their respective employees.  To the extent this Subcontract is for a public agency or in connection with a public agency's project, the previous provisions of this Paragraph 7 shall not control; instead, Subcontractor hereby agrees to indemnify and hold harmless Owner, Contractor and their officers and employees from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Subcontractor and persons employed or utilized by Subcontractor in the performance of this Subcontract.

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