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<br />
<br />Exhibit I - Limitations on Liability.
<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 1
<br />I
<br />This is EXHIBIT I, consisting of 1 pages, referred
<br />to in and part of the Agreement between
<br />Owner and Engineer for Professional Services
<br />dated 7/19/2022.
<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
<br />permitted by law, the total liability, in the aggregate, of Engineer and Engineer’s officers,
<br />directors, members, partners, agents, employees, and Consultants to Owner and anyone
<br />claiming by, through, or under Owner for any and all claims, losses, costs, or damages
<br />that are covered by Engineer’s insurance policies whatsoever arising out of, resulting
<br />from, or in any way related to the Project or the Agreement from any cause or causes,
<br />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
<br />Engineer or Engineer’s officers, directors, members, partners, agents, employees, or
<br />Consultants (hereafter “Owner’s Claims”), shall not exceed the total insurance proceeds
<br />paid on behalf of or to Engineer by Engineer’s insurers in settlement or satisfaction of
<br />Owner’s Claims under the terms and conditions of Engineer’s insurance policies
<br />applicable thereto (excluding fees, costs and expenses of investigation, claims
<br />adjustment, defense, and appeal). If no such insurance coverage is provided with
<br />respect to Owner’s Claims, then the total liability, in the aggregate, of Engineer and
<br />Engineer’s officers, directors, members, partners, agents, employees, and Consultants to
<br />Owner and anyone claiming by, through, or under Owner for any and all such uninsured
<br />Owner’s Claims shall not exceed $_____________
<br />B. Indemnification by Owner: To the fullest extent permitted by law, Owner shall indemnify
<br />and hold harmless Engineer and its officers, directors, members, partners, agents,
<br />employees, and Consultants from and against any and all claims, costs, losses, and
<br />damages (including but not limited to all fees and charges of engineers, architects,
<br />attorneys, and other professionals, and all court, arbitration, or other dispute resolution
<br />costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or
<br />damage 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, but only to the extent caused by any negligent act or omission of
<br />Owner or Owner’s officers, directors, members, partners, agents, employees, consultants,
<br />or others retained by or under contract to the Owner with respect to this Agreement or to
<br />the Project. The Owner’s liability is limited to the amounts set forth in Exhibit G 6.04.C2.
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