INDEMNITY CLAUSE FOR CERTIFICATE OF INSURANCE
To the fullest extent permitted by law, the Contractor hereby agrees to indemnify and hold harmless 501 Seventh Avenue. 501 Seventh Ave. LLC., ESRT 501 Seventh Ave, LLC, Empire State Realty OP, LP and its member and their respective subsidiaries and affiliates are hereby named as the additional insured are named as Additional Insureds on a primary & contributory basis as the above reference project. Waiver of Subrogation applies and any of their respective agents, employees, partners, officers, directors and principals (disclosed or undisclosed) (collectively, the “Indemnities”) from and against all claims, losses, damages, costs, expenses and other liabilities (including, without limitations, attorney’s fees and disbursements and liability, if any, for the payment of worker’s compensation or disability benefits) arising out of or resulting from the performance of the services called for under this contract Requirements and Specifications, to the extent that any such claim, loss, damage cost, expense or other liability is attributable (i) to personal injury, sickness, disease or death, or (ii) to injury to or destruction of property, including, but not limited to the loss of use resulting therefrom, and is caused, whole or in part, by the acts or omissions of the Contractor or its subcontractors or their respective agents or employees including, without limitation, the Contractor’s or its subcontractors’ failure to comply with all laws, ordinances, rules, regulations and requirements or any governmental authorities having jurisdiction over the services hereunder, including those governing the removal and disposal of toxic or hazardous waste. The Contractor shall defend any action brought against the indemnities which is based on any claim, loss, damage, cost, expense or liability referred to herein. Such obligations shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity, which would otherwise exist for the benefit of any indemnity.
In any and all claims against the indemnities by any of the Contractor’s employees, anyone directly or indirectly employed by the Contractor or anyone for whose acts the Contractor may be liable, the indemnification obligation hereunder shall not be limited in any way or any limitation on the amount of type of damages, compensation or other benefits payable by or for the Contractor under worker’s or workman’s compensations acts, disability acts or other employee benefit acts.