In Tonking v. Port Authority of Mew York and New Jersey (3 NY3d 486, 821 N.E.2d 133, 787 N.Y.S.2d 708 [2004]), the Court of Appeals held that an indemnification provision did not apply to a subcontractor who performed management services on behalf of the owner because, although the provision applied to the owner and its agents, the contract specifically referenced the construction manager, by name, more than 130 times, and referred to the terms "agents" and "construction manager" as separate classifications, leading the Court to conclude that the failure to name the construction manager as an agent was intentional.