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<br />(Exhibit I - Limitations on 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 />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 September 28,2021.
<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 Insurance Proceeds:Engineer shall procure and
<br />maintain insurance as required by and set forth in Exhibit G to this Agreement.
<br />Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by
<br />law, the total liability, in the aggregate, of Engineer and Engineer’s officers, directors,
<br />members, partners, agents, employees, and Consultants to Owner and anyone claiming by,
<br />through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising
<br />out of, resulting from, or in any way related to the Project or the Agreement from any cause or
<br />causes, including but not limited to the negligence, professional errors or omissions, strict
<br />liability, breach of contract, indemnity obligations, or warranty express or implied, of Engineer
<br />or Engineer’s officers, directors, members, partners, agents, employees, or Consultants
<br />(hereafter “Owner’s Claims”), shall not exceed the total insurance proceeds paid on behalf of
<br />or to Engineer by Engineer’s insurers in settlement or satisfaction of Owner’s Claims under the
<br />terms and conditions of Engineer’s insurance policies applicable thereto (excluding fees, costs
<br />and expenses of investigation, claims adjustment, defense, and appeal). If no such insurance
<br />coverage is provided with respect to Owner’s Claims, then the total liability, in the aggregate,
<br />of 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 such
<br />uninsured Owner’s Claims shall not exceed $_____________
<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.
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