Encl. (1) to COMDTINST 16460.5
ARTICLE 9 INDEMNIFICATION
9.1
Indemnity to USCG. To the fullest extent permitted by law, the Contractor shall
indemnify, hold harmless, protect and defend the USCG and its employees from any and all claims,
demands, actions, causes of action, liabilities, losses, fines, damages, penalties, costs or expenses of
any kind or nature (including, but not limited to, court costs, consultants, experts and attorneys'
fees) [hereinafter in this Article 9 collectively referred to as "Claims"], including, without
limitation, those arising from any bodily injury to or death of any person or destruction or damage
to any property arising, in whole or in part, out of or in any way connected with: (1) the
Contractor's breach of its warranties, representations, certifications or obligations under this
Agreement; (2) spills and releases of hazardous or toxic wastes, substances or chemicals caused by
the negligent acts or omissions of Contractor; (3) contamination of subsurface areas or damage or
injury to subsurface objects as the result of drilling or sampling processes negligently performed by
Contractor or resulting from Contractor's willful misconduct; or (4) the negligent performance of
Contractor Work by the Contractor, its subcontractors or anyone employed by any of them or
anyone for whose acts any of them may be liable; provided, however, Contractor shall have no
liability for any such Claims to the extent such Claims .are directly caused by the USCG's
negligence or willful misconduct or USCG's breach of its obligations under this Agreement.
9.2
Indemnity to Contractor. USCG shall, subject to the availability of funds therefore,
indemnify, hold harmless protect and defend Contractor and any of its affiliates, directors, officers
and employees from any and all Claims, including, without limitation, those arising from any
bodily injury to or death of any person or destruction or damage to any property to the extent such
Claims are directly caused by USCG's negligence or willful misconduct or USCG's breach of its
obligations under this Agreement. USCG's liability hereunder shall apply only if Contractor
notifies USCG in writing of its claim for indemnity' within one (1) year of the completion of the
Contractor Work and such claim sets forth in reasonable detail all the facts upon which it is based.
ARTICLE 10. TERMINATION
10.1 Termination for Default. Without prejudice to any other right or remedy, either
party may terminate, in whole or in part, this Agreement for default in the event that the other party
fails to perform any of the provisions of this Agreement; provided, however, that the terminating
party provides the defaulting party forty-eight (48) hours' notice of its intent to terminate this
Agreement and said notice sets forth sufficient details describing the alleged breach and provides
the breaching party an opportunity to cure the alleged breach within this forty-eight (48) hour
period. In the event that the breaching
8
Previous Page
