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<br />(Exhibit I – Limitation of 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 />
<br />This is EXHIBIT I, consisting of 1 pages, referred to in and
<br />part of the Agreement between Owner and Engineer for
<br />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. Notwithstanding
<br />any other provision of this Agreement, and to the fullest extent permitted by law, the total liability,
<br />in the aggregate, of Engineer and Engineer’s officers, directors, members, partners, agents,
<br />employees, and Consultants to Owner and anyone claiming by, through, or under Owner for any
<br />and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way
<br />related to the Project or the Agreement from any cause or causes, including but not limited to the
<br />negligence, professional errors or omissions, strict liability, breach of contract, indemnity
<br />obligations, or warranty express or implied, of Engineer or Engineer’s officers, directors,
<br />members, partners, agents, employees, or Consultantss (hereafter “Owner’s Claims”), shall not
<br />exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer’s insurers in
<br />settlement or satisfaction of Owner’s Claims under the terms and conditions of Engineer’s
<br />insurance 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 officers,
<br />directors, members, partners, agents, employees, and Consultants to Owner and anyone claiming
<br />by, through, or under Owner for any and all such uninsured Owner’s Claims shall not exceed
<br />$_____________
<br />B. Indemnification by Owner: To the fullest extent permitted by law, Owner shall indemnify and hold
<br />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) arising out of or relating to the Project, provided
<br />that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death
<br />or to injury to or destruction of tangible property (other than the Work itself), including the loss of
<br />use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or
<br />Owner’s officers, directors, members, partners, agents, employees, consultants, or others retained
<br />by or under contract to the Owner with respect to this Agreement or to the Project.
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