liabilities, including fines and penalties, costs and attorneys', consultants'and experts'fees, arising out of or claimed to arise out of injuries to persons including, but not limited to, disease or death, or damage to tangible and intangible property including the loss of the use resulting therefrom, or arising or claimed to arise from violation of any codes, rules, ordinances, statutes or regulations, occasioned by or growing out of the execution or performance of Subcontractor's Work hereunder by Subcontractor or Subcontractor's subcontractors of any tier. Subcontractor's indemnity obligations hereunder do not include any obligation to pay any claims, demands, judgments, expenses, losses, liabilities, including costs and attorneys fees, (i) for Projects located in Indiana, Michigan or Wisconsin, to the extent caused by an Indemnified Parties’ sole negligence or will ful misconduct but otherwise Subcontractor agrees to indemnify for an Indemnified Parties ’ own negligence, or (ii) for Projects located in Illinois or Ohio, to the proportional extent caused by an Indemnified Party’s negligence. Subcontractor's indemnity obligation shall not be limited by any worker's compensation statute, disability benefit or other employee benefit or similar law or by any other insurance maintained by Subcontractor. Subcontractor hereby waives, and shall cause Subcontractor's subcontractors and suppliers of any tier to waive, any rights any of them may have to limit the amount of damages, losses, or obligations which may be recoverable against them by reason of any Worker's Compensation Statute. Subcontractor's indemnity herein includes, but is not limited to, assumption of all liabilities on account of, or in any way related to, Subcontractor's Work which Contractor may have assumed pursuant to the Contract Documents or under agreements with third parties. (d) In the event that Subcontractor or any of Subcontractor's agents, employees, suppliers, or lower-tier subcontractors utilize any machinery, equipment, tools, scaffolding, hoists, lifts or similar items belonging to or under the control of any of the Indemnified Parties or of any other subcontractor or Owner’s separate contractors , Subcontractor agrees to indemnify, defend and save harmless the Indemnified Parties from and against any and all claims, demands, suits, actions, expenses, judgments, losses and liabilities, including fines and penalties, costs and attorneys', consultants'and experts' fees, arising out of such use, except (i) for Projects located in Indiana, Michigan or Wisconsin, to the extent caused by an Indemnified Parties’ sole negligence or willful misconduct but o therwise Subcontractor agrees to indemnify for an Indemnified Parties’ own negligence, or (ii) for Projects located in Illinois or Ohio , to the proportional extent such loss or damage shall be caused by the negligence of any of the Indemnified Parties'employees operating any of the Indemnified Party-owned or Indemnified Party-leased equipment. The foregoing obligations of Subcontractor shall include, but are not limited to, indemnifying, defending and holding harmless from claims made by third parties against any Indemnified Party. Subcontractor's obligations under this paragraph shall not be limited by any Worker's Compensation statute, disability benefit or other employee benefit or similar law or by any other insurance maintained by Subcontractor. Subcontractor hereby waives, and shall cause Subcontractor's subcontractors and suppliers of any tier to waive, any contractual or statutory rights or immunity any of them may have as an employer to limit the amount of damages, losses, or obligations which may be recoverable against them by the Indemnified Parties by reason of any Worker's Compensation statute including, without limitation, in Ohio under ORC 4123.74 and Article II, Section 35 of the Ohio Constitution. (e) One percent (1%) of the Subcontract Amount represents specific consideration to Subcontractor for the indemnifications and waivers set forth in this Subcontract. (f) All amounts owed by Subcontractor to Contractor as a result of the indemnity, defense and liability provisions of this Subcontract shall be paid upon demand. With respect to the obligations of the Subcontractor to defend the Indemnified Parties set forth in this Article 18, and notwithstanding any limitation on Subcontractor's duty to indemnify the Indemnified Parties pursuant to this Article 18, Subcontractor initially shall pay all costs of defense incurred by all Indemnified Parties and costs of the prosecution of third-party claims regarding Subcontractor's Work asserted by all Indemnified Parties including attorneys', experts'and consultants'fees, pending entry of final judgment at which time any refund to Subcontractor for expenses paid beyond Subcontractor's proportional share of liability shall be adjusted. (g) Subcontractor's indemnification obligations are independent from, and not limited in any manner by, the Subcontractor's insurance coverage obtained pursuant to Article 22 except that, in Ohio, Subcontractor shall not be obligated to insure any Indemnified Party for defense or indemnity payments to the extent of the fault of that Indemnified Party. 19. SUBCONTRACTOR'S FAILURE TO PERFORM. (a) If, in the opinion of Contractor, Subcontractor shall at any time (1) refuse or fail to provide sufficient properly skilled workers, adequate supervision or material of the proper quality, (2) fail in any material respect to prosecute Subcontractor's Work according to Contractor's current schedule or Contractor's order, (3) cause, by any action or omission, the stoppage, delay, disruption, obstruction, hindrance, interference, acceleration of the work of Contractor or of any other contractor or subcontractor, (4) fail to comply with any provision of this Subcontract Master Agreement, Work Authorization Document(s) or the Contract Documents, (5) fail to pay any subcontractor, supplier, employee, benefit fund or tax, then, within three (3) calendar days either of transmittal of, or posting at Contractor's job site office in a conspicuous location, a written notice advising Subcontractor of the default, the duty to cure within three (3) calendar days and Contractor's intent to exercise one or more of the following options, or, if
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