|
This is EXHIBIT I, consisting of 1 page, referred to in and
<br />part of the Agreement between Owner and Engineer for
<br />Professional Services dated 3/26 , 2019.
<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 Engineer's Compensation: To the fullest extent
<br />permitted by law, and notwithstanding any other provision of this Agreement, but excepting
<br />intentional misconduct or reckless action or inaction, the total liability, in the aggregate, of
<br />Engineer and Engineer's officers, directors, members, partners, agents, employees, and
<br />Consultants, to Owner and anyone claiming by, through, or under Owner for any and all
<br />claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way
<br />related to the Project or the Agreement from any cause or causes, including but not limited
<br />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 Consultants shall not exceed the total
<br />compensation received by Engineer under this Agreement.
<br />B. Indemnification by Owner: To the fullest extent permitted by law, and subject to statutory limits,
<br />which Owner expressly does not waive, Owner shall indemnify and hold harmless Engineer and
<br />its officers, directors, members, partners, agents, employees, and Consultants from and against any
<br />and all claims, costs, losses, and damages (including but not limited to all fees and charges of
<br />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
<br />damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of
<br />tangible property (other than the Work itself), including the loss of use resulting therefrom, but
<br />only to the extent caused by any negligent act or omission of Owner or Owner's officers, directors,
<br />members, partners, agents, employees, consultants, or others retained by or under contract to the
<br />Owner with respect to this Agreement or to the Project.
<br />The remainder of this page intentionally left blank
<br />Page 1
<br />(Exhibit I — (Limitations of Liability)
<br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services.
<br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />
|