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<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 />F. Owner acknowledges that Engineer is performing professional services for Owner and that
<br />Engineer is not and shall not be required to become an "owner" “arranger,” “operator,”
<br />“generator,” or “transporter” of hazardous substances, as defined in the Comprehensive
<br />Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are
<br />or may be encountered at or near the Site in connection with Engineer’s activities under this
<br />Agreement.
<br />6.10 Indemnification and Mutual Waiver
<br />A.Indemnification by Engineer: To the fullest extent permitted by law, Engineer shall indemnify
<br />and hold harmless Owner, and Owner’s officers, directors, members, partners, agents,
<br />consultants, and employees from reasonable claims, costs, losses, and damages arising out of or
<br />relating to the Project, provided that any such claim, cost, loss, or damage is attributable to
<br />bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other
<br />than the Work itself), including the loss of use resulting therefrom, but only to the extent caused
<br />by any negligent act or omission of Engineer or Engineer’s officers, directors, members, partners,
<br />agents, employees, or Consultants.This indemnification provision is subject to and limited
<br />by the provisions, if any, agreed to by Owner and Engineer in Exhibit I, “Limitations of
<br />Liability."
<br />B.Indemnification by Owner: Owner shall indemnify and hold harmless Engineer and its officers,
<br />directors, members, partners, agents, employees, and Consultants as required by Laws and
<br />Regulations and to the extent (if any) required in Exhibit I, Limitations of Liability.
<br />C.Environmental Indemnification: To the fullest extent permitted by law, Owner shall indemnify
<br />and 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) caused by, arising out of, relating to, or
<br />resulting from a Constituent of Concern at, on, or under the Site, provided that (1) any such
<br />claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to
<br />injury to or destruction of tangible property (other than the Work itself), including the loss of use
<br />resulting therefrom, and (2) nothing in this paragraph shall obligate Owner to indemnify any
<br />individual or entity from and against the consequences of that individual's or entity's own
<br />negligence or willful misconduct.
<br />D.Percentage Share of Negligence: To the fullest extent permitted by law, a party’s total liability
<br />to the other party and anyone claiming by, through, or under the other party for any cost, loss,
<br />or damages caused in part by the negligence of the party and in part by the negligence of the
<br />other party or any other negligent entity or individual, shall not exceed the percentage share that
<br />the party’s negligence bears to the total negligence of Owner, Engineer, and all other negligent
<br />entities and individuals.
<br />E.Mutual Waiver: To the fullest extent permitted by law, Owner and Engineer waive against each
<br />other, and the other’s employees, officers, directors, members, agents, insurers, partners, and
<br />consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential
<br />damages arising out of, resulting from, or in any way related to the Project.
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