Laserfiche WebLink
t <br />of any of them. The Engineer does not guarantee the performance of the Contractor and <br />shall not be responsible for the Contractor's failure to perform its Work in accordance <br />with the Contract Documents or any applicable laws, codes, rules or regulations. <br />When municipal review services are included in the Scope of Services, the Engineer <br />(acting on behalf of the municipality), when acting in good faith in the discharge of its <br />duties, shall not thereby render itself liable personally and is, to the maximum extent <br />permitted by law, relieved from all liability for any damage that may accrue to persons or <br />property by reason of any act or omission in the discharge of its duties. Any suit brought <br />against the Engineer which involve the acts or omissions performed by it in the <br />enforcement of any provisions of the Client's rules, regulation and /or ordinance shall be <br />defended by the Client until final termination of the proceedings. The Engineer shall be <br />entitled to all defenses and municipal immunities that are, or would be, available to the <br />Client. <br />29. Insurance and Indemnification: The Engineer and the Client understand and agree that <br />the Client will contractually require the Contractor to defend and indemnify the Engineer <br />and /or any subconsultants from any claims arising from the Work. The Engineer and the <br />Client further understand and agree that the Client will contractually require the <br />Contractor to procure commercial general liability insurance naming the Engineer as an <br />additional named insured with respect to the work. The Contractor shall provide to the <br />Client certificates of insurance evidencing that the contractually required insurance <br />IL <br />coverage has been procured. However, the Contractor's failure to provide the Client with <br />the requisite certificates of insurance shall not constitute a waiver of this provision by the <br />Engineer. <br />The Client and Engineer waive all rights against each other and against the Contractor <br />and consultants, agents and employees of each of them for damages to the extent <br />covered by property insurance during construction. The Client and Engineer each shall <br />require similar waivers from the Contractor, consultants, agents and persons or entities <br />awarded separate contracts administered under the Client's own forces. <br />30. Hazardous Materials /Pollutants: Unless otherwise provided by this Agreement, the <br />Engineer and Engineer's consultants shall have no responsibility for the discovery, <br />presence, handling, removal or disposal of or exposure of persons to hazardous <br />materials /pollutants in any form at the Project site, including but not limited to <br />mold /mildew, asbestos, asbestos products, polychlorinated biphenyl (PCB) or other <br />toxic/hazardous /pollutant type substances. <br />Furthermore, Client understands that the presence of mold /mildew and the like are <br />results of prolonged or repeated exposure to moisture and the lack of corrective action. <br />Client also understands that corrective action is an operation, maintenance and repair <br />activity for which the Engineer is not responsible. <br />June 13.2005- INDIANA <br />gt &c- indiana modified City of South Bend <br />10 <br />