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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 />
<br />This is EXHIBIT I, consisting of 2 pages, referred to in
<br />and part of the Agreement between Owner and Engineer
<br />for Professional Services dated , .
<br />
<br />
<br />Limitations of Liability
<br />
<br />Paragraph 6.10 of the Agreement is supplemented to include the following agreement of the parties:
<br />
<br />A. Limitation of Engineer’s Liability
<br />
<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
<br />by 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
<br />arising out of, resulting from, or in any way related to the Project or the Agreement from
<br />any cause or causes, including but not limited to the negligence, professional errors or
<br />omissions, strict liability, breach of contract, indemnity obligations, or warranty express or
<br />implied, of Engineer or Engineer’s officers, directors, members, partners, agents,
<br />employees, or Consultants (hereafter “Owner’s Claims”), shall not exceed the total
<br />insurance proceeds paid on behalf of or to Engineer by Engineer’s insurers in settlement or
<br />satisfaction of Owner’s Claims under the terms and conditions of Engineer’s insurance
<br />policies applicable thereto (excluding fees, costs and expenses of investigation, claims
<br />adjustment, defense, and appeal). If no such insurance coverage is provided with respect to
<br />Owner’s Claims, then the total liability, in the aggregate, of Engineer and Engineer’s
<br />officers, directors, members, partners, agents, employees, and Consultants to Owner and
<br />anyone claiming by, through, or under Owner for any and all such uninsured Owner’s
<br />Claims shall not exceed $_____________ [or]
<br />
<br />2. Exclusion of Special, Incidental, Indirect, and Consequential Damages: To the fullest
<br />extent permitted by law, and notwithstanding any other provision in the Agreement,
<br />consistent with the terms of Paragraph 6.10. the Engineer and Engineer’s officers, directors,
<br />members, partners, agents, Consultants, and employees shall not be liable to Owner or
<br />anyone claiming by, through, or under Owner for any special, incidental, indirect, or
<br />consequential damages whatsoever arising out of, resulting from, or in any way related to
<br />the Project or the Agreement from any cause or causes, including but not limited to any
<br />such damages caused by the negligence, professional errors or omissions, strict liability,
<br />breach of contract, indemnity obligations, or warrantyexpress or implied of Engineer or
<br />Engineer’s officers, directors, members, partners, agents, employees, or Consultants, and
<br />including but not limited to:
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