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Page 15 of 28 <br />possibility of such damages, except (i) to the extent that the Contractor’s liability for such <br />damages is specifically set forth in the Statement of Work or (ii) to the extent that the <br />Contractor’s liability for such damages arises out of sub- section b) (i), b) (ii), or b) (iv) <br />above. <br />27. CONTRACTOR’S LIABILITY FOR INJURY TO PERSONS OR DAMAGE TO PROPERTY: <br />a) The Contractor shall be liable for damages arising out of injury to the person and/or <br />damage to the property of the State, employees of the State, persons designated by the <br />State for training, or any other person(s) other than agents or employees of the <br />Contractor, designated by the State for any purpose, prior to, during, or subsequent to <br />delivery, installation, acceptance, and use of the Deliverables either at the Contractor’s <br />site or at the State’s place of business, provided that the injury or damage was caused by <br />the fault or negligence of the Contractor. <br />b) The Contractor shall not be liable for damages arising out of or caused by an alteration or <br />an Attachment not made or installed by the Contractor, or for damage to alterations or <br />Attachments that may result from the normal operation and maintenance of the <br />Deliverables provided by the Contractor during the Contract. <br />28. INDEMNIFICATION: The Contractor agrees to indemnify, defend and save harmless the State, <br />its officers, agents and employees from any and all third party claims, costs (including without <br />limitation reasonable attorneys’ fees), and losses due to the injury or death of any individual, or <br />the loss or damage to any real or tangible personal property, resulting from the willful <br />misconduct or negligent acts or omissions of the Contractor or any of its affiliates, agents, <br />subcontractors, employees, suppliers, or laborers furnishing or supplying work, services, <br />materials, or supplies in connection with the performance of this Contract. Such defense and <br />payment will be conditional upon the following: <br />a) The State will notify the Contractor of any such claim in writing and tender the defense <br />thereof within a reasonable time; and <br />b) The Contractor will have sole control of the defense of any action on such claim and all <br />negotiations for its settlement or compromise; provided that (i) when substantial principles <br />DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575