>» The insurance provided herein is primary, and no insurance held or owned by the OWNER,
shall be called upon to contribute to a loss.
> CONTRACTOR is responsible for and required to remedy all damage or loss to any
property, including property of the OWNER, caused in whole or part by CONTRACTOR or
anyone employed, directed, or supervised by CONTRACTOR.
Regardless of any coverage provided by any insurance, CONTRACTOR agrees to indemnify and
hold harmless the OWNER, its agents, officials, employees and authorized representatives and
their employees from and against any and all suits, causes of action, legal or administrative
proceedings, arbitrations, claims, demands, damages, liabilities, interest, attorney’s fees, costs and
expenses of any kind or nature in any manner caused, occasioned, or contributed to in whole or in
part by reason of any negligent act, omission, or fault or willful misconduct, whether active or
passive, of CONTRACTOR or of anyone acting under its direction or control or on its behalf in
connection with or incidental to the performance of this contract. CONTRACTOR’s indemnity
and hold harmless obligations, or portions thereof, shall not apply to liability caused by the sole
negligence or willful misconduct of the party indemnified or held harmless.
