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This is EXHIBIT I, consisting of I page, referred to in and
<br />part of the Agreement between Owner and Engineer for
<br />Professional Services dated ,
<br />Limitations of Liability
<br />Paragraph 6.10 of the Agreement is supplemented to include the following agreement of the parties:
<br />A. Limitation of Engineer's Liability
<br />1. Engineer's Liability Limited to Amount of Insurance Proceeds: Engineer shall procure and
<br />maintain insurance as required by and set forth in Exhibit G to this Agreement. Notwithstanding
<br />any other provision of this Agreement, and to the fullest extent permitted by law, the total
<br />liability, in the aggregate, of Engineer and Engineer's officers, directors, members, partners,
<br />agents, employees, and Consultants to Owner and anyone claiming by, through, or under Owner
<br />for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in
<br />any way related to the Project or the Agreement from any cause or causes, including but not
<br />limited to the negligence, professional errors or omissions, strict liability, breach of contract,
<br />indemnity obligations, or warranty express or implied, of Engineer or Engineer's officers,
<br />directors, members, partners, agents, employees, or Consultantss (hereafter "Owner's Claims"),
<br />shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer's
<br />insurers in settlement or satisfaction of Owner's Claims under the terms and conditions of
<br />Engineer's insurance policies applicable thereto (excluding fees, costs and expenses of
<br />investigation, claims adjustment, defense, and appeal), if no stieh wffage is
<br />Claims, then the total liability, in the aggfegate,
<br />of Engiflee
<br />and Engineer's offieer-s, , members, 9 7 f
<br />and Cansultatlls to
<br />Ownef and anyone elaiming f 5
<br />QZ'pTEGTTClaims shall not C/i000�
<br />Indemn{fication by Owner: To the fullest extent permitted by law, Owner shall indemnify and hold
<br />harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from
<br />and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges
<br />of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute
<br />resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage
<br />is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property
<br />(other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by
<br />any negligent act or omission of Owner or Owner's officers, directors, members, partners, agents,
<br />employees, consultants, or others retained by or under contract to the Owner with respect to this Agreement
<br />or to the Project.
<br />Page I
<br />(Exhibit I - Limitations on Liability)
<br />EJCDC E-500 Agreement Behveen Owner and Engineer for Professional services.
<br />Copyright 0 2008 National society of Professional Engineers for EJCDC. All rights reserved.
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