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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.
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<br />This is EXHIBIT I, consisting of pages, referred to
<br />in and part of the Agreement between Owner and
<br />Engineer for Professional Services dated , .
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<br />Limitations of Liability
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<br />Paragraph 6.10 of the Agreement is supplemented to include the following agreement of the parties:
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<br />A. Limitation of Engineer’s Liability
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<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 by
<br />law, the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, members,
<br />partners, agents, employees, and Consultants to Owner and anyone claiming by, through, or
<br />under Owner for any and all claims, losses, costs, or damages whatsoever arising out of,
<br />resulting 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 liability,
<br />breach of contract, indemnity obligations, or warranty express or implied, of Engineer or
<br />Engineer’s officers, directors, members, partners, agents, employees, or Consultants (hereafter
<br />“Owner’s Claims”), shall not exceed the total insurance proceeds paid on behalf of or to
<br />Engineer by Engineer’s insurers in settlement or satisfaction of Owner’s Claims under the terms
<br />and conditions of Engineer’s insurance policies applicable thereto (excluding fees, costs and
<br />expenses of investigation, claims adjustment, defense, and appeal). If no such insurance
<br />coverage is provided with respect to Owner’s Claims, then the total liability, in the aggregate, of
<br />Engineer and Engineer’s officers, directors, members, partners, agents, employees, and
<br />Consultants to Owner and anyone claiming by, through, or under Owner for any and all such
<br />uninsured Owner’s Claims shall not exceed $_____________
<br />B. Indemnification by Owner: 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) arising out of or relating to the Project,
<br />provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness,
<br />disease, or death or to injury to or destruction of tangible property (other than the Work itself),
<br />including the loss of use resulting therefrom, but only to the extent caused by any negligent act or
<br />omission of Owner or Owner’s officers, directors, members, partners, agents, employees,
<br />consultants, or others retained by or under contract to the Owner with respect to this Agreement or
<br />to the Project.
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