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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 />C. Environmental Indemnification: 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) caused by, arising out of, relating to, or resulting
<br />from a Constituent of Concern at, on, or under the Site, provided that (1) any such claim, cost, loss,
<br />or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction
<br />of tangible property (other than the Work itself), including the loss of use resulting therefrom, and
<br />(2) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and
<br />against the consequences of that individual's or entity's own negligence or willful misconduct.
<br />D. Percentage Share of Negligence: To the fullest extent permitted by law, a party’s total liability to
<br />the other party and anyone claiming by, through, or under the other party for any cost, loss, or
<br />damages caused in part by the negligence of the party and in part by the negligence of the other
<br />party or any other negligent entity or individual, shall not exceed the percentage share that the
<br />party’s negligence bears to the total negligence of Owner, Engineer, and all other negligent entities
<br />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.
<br />6.11 Miscellaneous Provisions
<br />A. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate
<br />party at its address on the signature page and given personally, by facsimile, by registered or
<br />certified mail postage prepaid, or by a commercial courier service. All notices shall be effective
<br />upon the date of receipt.
<br />B. Survival: All express representations, waivers, indemnifications, and limitations of liability
<br />included in this Agreement will survive its completion or termination for any reason.
<br />C. Severability: Any provision or part of the Agreement held to be void or unenforceable under any
<br />Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be
<br />valid and binding upon Owner and Engineer, which agree that the Agreement shall be reformed to
<br />replace such stricken provision or part thereof with a valid and enforceable provision that comes as
<br />close as possible to expressing the intention of the stricken provision.
<br />D. Waiver: A party’s non-enforcement of any provision shall not constitute a waiver of that provision,
<br />nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
<br />E. Accrual of Claims: To the fullest extent permitted by law, all causes of action arising under this
<br />Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence,
<br />no later than the date of Substantial Completion.
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