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Version 6-8-2017 <br />10 <br />17. Governing Laws. This Contract shall be construed in accordance with and governed by the laws of <br />the State of Indiana and the suit, if any, must be brought in the State of Indiana. The CONSULTANT <br />consents to the jurisdiction of and to venue in any court of competent jurisdiction in the State of <br />Indiana. <br />18. Liability. If the CONSULTANT or any of its SUB-CONSULTANTS fail to comply with any <br />federal requirement which results in the LPA’s repayment of federal funds to INDOT the <br />CONSULTANT shall be responsible to the LPA, for repayment of such costs to the extent such costs <br />are caused by the CONSULTANT and/or its SUB-CONSULTANTS. <br />19. Indemnification. The CONSULTANT agrees to indemnify the LPA, and their agents, officials, and <br />employees, and to hold each of them harmless, from claims and suits including court costs, attorney's <br />fees, and other expenses caused by any negligent act, error or omission of, or by any recklessness or <br />willful misconduct by, the CONSULTANT and/or its SUB-CONSULTANTS, if any, under this <br />Contract, provided that if the CONSULTANT is a “contractor” within the meaning of I.C. 8-3-2-12.5, <br />this indemnity obligation shall be limited by and interpreted in accordance with I.C. 8-23-2-12-5. The <br />LPA shall not provide such indemnification to the CONSULTANT. <br />20. Independent Contractor. Both parties hereto, in the performance of this Contract, shall act in an <br />individual capacity and not as agents, employees, partners, joint ventures or associates of one another. <br />The employees or agents of one party shall not be deemed or construed to be the employees or agents <br />of the other party for any purposes whatsoever. Neither party will assume liability for any injury <br />(including death) to any persons, or damage to any property, arising out of the acts or omissions of the <br />agents or employees of the other party. The CONSULTANT shall be responsible for providing all <br />necessary unemployment and workers’ compensation insurance for its employees. <br />21. Insurance - Liability for Damages. <br />A. The CONSULTANT shall be responsible for the accuracy of the Services performed under this <br />Contract and shall promptly make necessary revisions or corrections resulting from its <br />negligence, errors or omissions without any additional compensation from the LPA. <br />Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility <br />for subsequent correction of its negligent act, error or omission or for clarification of <br />ambiguities. The CONSULTANT shall have no liability for the errors or deficiencies in <br />designs, drawings, specifications or other services furnished to the CONSULTANT by the LPA <br />on which the Consultant has reasonably relied, provided that the foregoing shall not relieve the <br />CONSULTANT from any liability from the CONSULTANT’S failure to fulfill its obligations <br />under this Contract, to exercise its professional responsibilities to the LPA, or to notify the LPA <br />of any errors or deficiencies which the CONSULTANT knew or should have known existed. <br />B. During construction or any phase of work performed by others based on Services provided by <br />the CONSULTANT, the CONSULTANT shall confer with the LPA when necessary for the <br />purpose of interpreting the information, and/or to correct any negligent act, error or omission. <br />The CONSULTANT shall prepare any plans or data needed to correct the negligent act, error or <br />omission without additional compensation, even though final payment may have been received <br />by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes <br />for a minimum of delay to the project. <br />C. The CONSULTANT shall be responsible for damages including but not limited to direct and <br />indirect damages incurred by the LPA as a result of any negligent act, error or omission of the <br />CONSULTANT, and for the LPA’s losses or costs to repair or remedy construction. <br />Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility <br />for subsequent correction.