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<br />
<br />EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
<br />Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
<br /> and American Society of Civil Engineers. All rights reserved. Page
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<br />including the loss of use resulting therefrom, but only to the extent caused by any
<br />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
<br />limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit I,
<br />“Limitations of Liability."
<br />B. Indemnification by Owner: Owner shall indemnify and hold harmless Engineer and its
<br />officers, directors, members, partners, agents, employees, and Consultants as required by
<br />Laws and Regulations and to the extent (if any) required in Exhibit I, “Limitations of
<br />Liability.”
<br />C. Environmental Indemnification: To the fullest extent permitted by Laws and Regulations,
<br />Owner shall indemnify and hold harmless Engineer and its officers, directors, members,
<br />partners, agents, employees, and Consultants from all claims, costs, losses, damages,
<br />actions, and judgments (including reasonable consultants’ and attorneys fees and
<br />expenses) caused by, arising out of, relating to, or resulting from a Constituent of Concern
<br />at, on, or under the Site, provided that (1) any such claim, cost, loss, damages, action, or
<br />judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or
<br />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
<br />any individual or entity from and against the consequences of that individual's or entity's
<br />own negligence or willful misconduct.
<br />D. No Defense Obligation: The indemnification commitments in this Agreement do not
<br />include a defense obligation by the indemnitor unless such obligation is expressly stated.
<br />E. Percentage Share of Negligence: To the fullest extent permitted by Laws and Regulations,
<br />a party’s total liability to the other party and anyone claiming by, through, or under the
<br />other party for any cost, loss, or damages caused in part by the negligence of the party
<br />and in part by the negligence of the other party or any other negligent entity or individual,
<br />shall not exceed the percentage share that the party’s negligence bears to the total
<br />negligence of Owner, Engineer, and all other negligent entities and individuals.
<br />F. Mutual Waiver: To the fullest extent permitted by Laws and Regulations, Owner and
<br />Engineer waive against each other, and the other’s employees, officers, directors,
<br />members, agents, insurers, partners, and consultants, any and all claims for or entitlement
<br />to special, incidental, indirect, or consequential damages arising out of, resulting from, or
<br />in any way related to this Agreement or the Project, from any cause or causes.
<br />6.11 Records Retention
<br />A. Engineer shall maintain on file in legible form, for a period of five years following
<br />completion or termination of its services, all Documents, records (including cost records),
<br />and design calculations related to Engineer’s services or pertinent to Engineer’s
<br />performance under this Agreement. Upon Owner’s request, Engineer shall provide a copy
<br />of any such item to Owner at cost.
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