Construction Liability Waiver

CONSTRUCTION LIABILITY WAIVER

This Construction Liability Waiver ("Waiver") is made and entered into as of by and between Client Name: , Address: (hereinafter "Releasee"), and Contractor Name: , Address: (hereinafter "Releasor").

RECITALS

WHEREAS, Releasee is the owner or authorized representative of the real property and project identified as: Project Name: , located at (the "Project");

WHEREAS, Releasor will perform construction, installation, maintenance or other work at the Project pursuant to a separate contract or purchase order (the "Work"); and

WHEREAS, the parties desire to allocate risk, waive certain claims, and set forth indemnity, insurance and safety obligations as set forth below.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Waiver: "Claim" means any demand, action, cause of action, liability, damage, loss, cost or expense (including attorneys' fees and costs) arising out of or related to the Work or the Project; "Losses" means all losses, liabilities, damages, judgments, fines, penalties, costs and expenses.

2. RELEASE AND WAIVER

Releasor, on behalf of itself and its agents, employees, subcontractors and insurers, knowingly and voluntarily releases and forever discharges Releasee and its affiliated entities, officers, directors, agents and employees from any and all Claims arising out of or related to the Work and the Project to the fullest extent permitted by law, except for Claims arising solely from the gross negligence or willful misconduct of Releasee. This waiver includes, without limitation, claims for bodily injury, property damage, economic loss and consequential damages.

3. ASSUMPTION OF RISK

Releasor acknowledges the inherent hazards associated with construction work and expressly assumes all risks of injury, death, damage or loss arising from those hazards, whether occurring on the Project site or arising from the methods, materials, equipment, supervision, or the acts or omissions of third parties, except to the extent caused by Releasee's gross negligence or willful misconduct.

4. INDEMNIFICATION

Releasor shall indemnify, defend and hold harmless Releasee from and against any and all Claims and Losses resulting from or arising out of Releasor's performance of the Work, breach of this Waiver, or negligent or wrongful acts or omissions of Releasor, its employees, agents or subcontractors. This indemnity obligation includes the duty to pay reasonable attorneys' fees, costs and expenses incurred by Releasee in enforcing this provision or defending Claims.

5. INSURANCE

Releasor shall, at its sole cost and expense, maintain and keep in force insurance coverages required by law and customary for the type of Work, including commercial general liability, workers' compensation, employer's liability, and automobile liability insurances. Insurance Carrier: ; Policy Number: . Upon request, Releasor shall furnish certificates evidencing such coverage.

6. SAFETY AND COMPLIANCE

Releasor shall perform the Work in a safe manner and in compliance with all applicable laws, codes, regulations and industry standards. Releasor shall ensure that all personnel are trained, supervised and provided with appropriate personal protective equipment. Releasor shall immediately notify Releasee of any accident, injury, property damage, or hazardous condition.

7. SUBROGATION AND CONTRIBUTION

To the extent permitted by law and insurance policy terms, Releasor and Releasee waive rights of recovery and subrogation against each other and each other's insurers for loss or damage covered by insurance. This waiver does not operate to increase insurance premiums or reduce available insurance proceeds.

8. REPRESENTATIONS; AUTHORITY

Each party represents and warrants that it has full corporate or individual power and authority to enter into this Waiver and to perform its obligations hereunder, that the person signing this Waiver on its behalf is duly authorized, and that this Waiver constitutes a valid and binding obligation enforceable against such party in accordance with its terms.

9. NOTICES

Any notice required or permitted under this Waiver shall be in writing and delivered to the parties at the addresses set forth below or at such other address as a party may designate by written notice to the other party.

10. AMENDMENT; WAIVER

No provision of this Waiver may be amended or waived except by a written instrument executed by both parties. The failure of either party to enforce any provision will not constitute a waiver of that provision or of the right to enforce it later.

11. GOVERNING LAW

This Waiver shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

12. ENTIRE AGREEMENT

This Waiver constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, whether written or oral, relating to such subject matter.

13. SEVERABILITY

If any provision of this Waiver is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

14. COUNTERPARTS

This Waiver may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic or facsimile means shall be deemed originals.

ADDITIONAL INFORMATION

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