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This is EXHIBIT I, consisting of 1 pages, referred to in
<br />and part of the Agreement between Owner and Engineer
<br />for Professional Services dated September 11, 2018.
<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 />i. 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.
<br />Notwithstanding any other provision of this Agreement, and to the fullest extent permitted
<br />by law, the total liability, in the aggregate, of Engineer and Engineer's officers, directors,
<br />members, partners, agents, employees, and Consultants to Owner and anyone claiming by,
<br />through, or under Owner for any and all claims, losses, costs, or damages whatsoever
<br />arising out of, resulting from, or in any way related to the Project or the Agreement from
<br />any cause or causes, including but not limited to the negligence, professional errors or
<br />omissions, strict liability, breach of contract, indemnity obligations, or warranty express or
<br />implied, of Engineer or Engineer's officers, directors, members, partners, agents,
<br />employees, or Consultantss (hereafter "Owner's Claims"), shall not exceed the total
<br />insurance proceeds paid on behalf of or to Engineer by Engineer's insurers in settlement or
<br />satisfaction of Owner's Claims under the terms and conditions of Engineer's insurance
<br />policies applicable thereto (excluding fees, costs and expenses of investigation, claims
<br />adjustment, defense, and appeal). if no eh insufanee eevefage is provided with r eet `e
<br />OA%er-'s Claims, then the total liabifit�,, in the a
<br />of Engineer- and Efigifteer's
<br />effieer-s, Eli >befs, paAners, agents,
<br />employees, and- Consukants to Qw-flef
<br />anyone elai 2)ugh, er under Owner- &t: any and all sue -A uninsured Ovpner-'-s
<br />Claims shall $
<br />B. Indemnification by Owner: To the fullest extent permitted by law, Owner shall indemnify and
<br />hold harmless Engineer and its officers, directors, members, partners, agents, employees, and
<br />Consultants from and against any and all claims, costs, losses, and damages (including but not
<br />limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all
<br />court, arbitration, or other dispute resolution costs) arising out of or relating to the Project,
<br />provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness,
<br />disease, or death or to injury to or destruction of tangible property (other than the Work itself),
<br />including the loss of use resulting therefrom, but only to the extent caused by any negligent act or
<br />omission of Owner or Owner's officers, directors, members, partners, agents, employees,
<br />consultants, or others retained by or under contract to the Owner with respect to this Agreement or
<br />to the Project.
<br />Page I
<br />(Exhibit I - Special Provisions)
<br />1! JCDC E-500 Agreement Between Owner and Engineer for Professional Services.
<br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved.
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