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part of imprecision, incompleteness, errors, omissions, ambiguities, or inconsistencies in
<br />the Drawings, Specifications, and other design documentation furnished by Engineer or in
<br />the other professional services performed or furnished by Engineer under this Agreement
<br />("Covered Change Orders"). Accordingly, Owner agrees not to sue or to make any claim
<br />directly or indirectly against Engineer on the basis of professional negligence, breach of
<br />contract, or otherwise with respect to the costs of approved Covered Change Orders unless
<br />the costs of such approved Covered Change Orders exceed % of Construction Cost,
<br />and then only for an amount in excess of such percentage. Any responsibility of Engineer
<br />for the costs of Covered Change Orders in excess of such percentage will be determined on
<br />the basis of applicable contractual obligations and professional liability standards. For
<br />purposes of this paragraph, the cost of Covered Change Orders will not include any costs
<br />that Owner would have incurred if the Covered Change Order work had been included
<br />originally without any imprecision, incompleteness, error, omission, ambiguity, or
<br />inconsistency in the Contract Documents and without any other error or omission of
<br />Engineer related thereto. Nothing in this provision creates a presumption that, or changes
<br />the professional liability standard for determining if, Engineer is liable for the cost of
<br />Covered Change Orders in excess of the percentage of Construction Cost stated above or
<br />for any other Change Order. Wherever used in this paragraph, the term Engineer includes
<br />Engineer's officers, directors, members, partners, agents, employees, and Consultants.
<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
<br />or 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
<br />or to the Project.
<br />Page 2
<br />(Exhibit I - Limitations on Liability)
<br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services.
<br />Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved.
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