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6E(1)
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08-30-12 Packet
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6E(1)
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r regulations. <br />/hen 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 />uties, shall not thereby render itself liable personally and is, to the maximum extent <br />ermitted by law, relieved from all liability for any damage that may accrue to <br />ersons or property by reason of any act or omission in the discharge of its duties. <br />ny suit brought against the Engineer which involve the acts or omissions performed <br />y it in the enforcement of any provisions of the Client's rules, regulation and /or <br />rdinance shall be defended by the Client until final termination of the proceedings. <br />he Engineer shall be entitled to all defenses and municipal immunities that are, or <br />,ould be, available to the Client. <br />29. Insurance and Indemnification: The Engineer and the Client understand and agree <br />mat the Client will contractually require the Contractor to defend and indemnify the <br />Engineer and /or any subconsultants from any claims arising from the Work. The <br />Engineer and the Client further understand and agree that the Client will <br />contractually require the Contractor to procure commercial general liability insurance <br />naming the Engineer as an additional named insured with respect to the work. The <br />Contractor shall provide to the Client certificates of insurance evidencing that the <br />contractually required insurance coverage has been procured. However, the <br />ontractor's failure to provide the Client with the requisite certificates of insurance <br />s all not constitute a waiver of this provision by the 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 <br />shall require similar waivers from the Contractor, consultants, agents and persons or <br />ntities 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 />old /mildew, asbestos, asbestos products, polychlorinated biphenyl (PCB) or other <br />t xic /hazardous /pollutant type substances. <br />June 13 <br />gt &c -i n <br />rthermore, Client understands that the presence of mold /mildew and the like are <br />Oults of prolonged or repeated exposure to moisture and the lack of corrective <br />:ion. Client also understands that corrective action is an operation, maintenance <br />d repair activity for which the Engineer is not responsible. <br />- INDIANA <br />modified City of South Bend <br />m <br />
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