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ARTICLE 17. I t is d is t in c t ly understood and agreed by the Contractor that th is con tract is made f o r the con sideration h erein named, s o le ly on inform ation d erived from others than the Owner, i t s o f f ic e r s , agents or em ployes,. and that the plans and s p e c ific a tio n s governing the said work are subject to change and a lte r a tio n s as h erein provided. Any d evia tip n from said plans and s p e c ifi cations w i l l be considered as an a lt e r a t io n and s h a ll be determined as h erein before provided. ARTICLE lg . The Contractor s h a ll indemnify and hold harmless the Union P a c if ic R a ilro a d Company and i t s Lessor, Los Angeles & S a lt Lake R ailroad Company, h e r e in a fte r in th is a r t ic le c o lle c t iv e ly c a lle d '’Owne.r", from and again st any and a l l damages, claim s, costs or expenses whatsoever, a r is in g from or growing out o f any in ju ry or in ju r ie s to or death o f employes or any other person whomsoever, or damages to property belonging to any person whomsoever, when such in ju ry , death or damage occurs because o f, or in connection w ith , the carryin g on and com pletion o f the work to be performed by the Contractor under th is con tra ct, whether such claims are based upon a r ig h t con ferred by common law or by any sta tu te; PROVIDED, however, that the agreement o f the Contractor h erein to indemnify and hold harmless the Owner s h a ll not apply as to in ju r ie s , deaths or damages occasioned by reason o f the n e g li­gent acts o f an independent Contractor over whom the Contractor has no c o n tro l, e ith e r d ir e c t or in d ir e o t, or o f the Owner, i t s o f f ic e r s , agents or employes, unless in e ith e r case there is 'Concurring n e g li­gence on the p art of the C ontractor, in which event the indemnity to be furnished by the Contractor hereunder s h a ll be in proportion to the C ontractor’ s n egligen ce. gi The Contractor furthQr agroofr-tha-t arn &a&e -of- s u it against the Owner fo r damages to persons or property occjusioned- ih r o u g n th e work covered by th is contract^that- the -fJrrnf'factor hereby waives n o tic e s to epme-in-and defend and agrees to be bound by the amount ##-*are©every~4 » suah sui t » Upon settlem ent o f any su its or claims a r is in g hereunder, the Contractor' s h a ll secure a relea se to the Owner from a l l l i a b i l i t y in connection therew ith.