A.3.17.

1: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold
harmless the Owners (of all properties encompassed within the Work), Owners Agents, and
Owners employees, from and against all claims, damages, losses and expenses, including but
not limited to attorneys fees and expert fees, for damage, injury to or destruction of tangible
property, professional errors and omissions, personal injury, bodily injury, sickness, disease or
death and which arise or are claimed to arise out of or result from the performance of the
Work by Contractor, regardless of whether or not such claim, damage, loss or expense is
caused in part by the independent, active or contributory negligence or fault of the Owners or
party indemnified. This indemnity is limited to losses or damages resulting from Contractors
services and Work on this Project and arising out of the Work. The Contractors duty to
defend, hold harmless and indemnify Owners does not apply to any claims, damages, losses
or expenses which are caused by the sole negligence, willful misconduct or intentional
wrongful acts by the indemnitee or which result from fines or penalties not caused by
indemnitor or arising from the Work. The foregoing language is intended to provide a
modified Type I indemnity in favor of Owners and Owners Agents, and the duty to defend
and indemnify assumed by Contractor is not limited to the vicarious liability by the Owners or
Owners Agents for acts and omissions by Contractor. Contractor expressly agrees to defend,
indemnify and hold harmless each Owner and Owners Agents from and against any and all
losses, claims and damages arising out of the Project and the Work, occurring during or after
completion of the Work, even if an Owner or Owners Agent is partially, independently,
actively or comparatively at fault.