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No. 3128 Approving and authorizing the execution of an Addendum to the Master Agency Agreement (Fellows Street Amendment #5)
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No. 3128 Approving and authorizing the execution of an Addendum to the Master Agency Agreement (Fellows Street Amendment #5)
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by or resulting from the negligence or intentional misconduct of the OWNER, its officers, <br />agents, or employees. <br />9. Owner Indemnification <br />The OWNER hereby agrees to indemnify, hold and save the ENGINEER <br />harmless from and against any and all losses, damages, settlements, costs, charges, or <br />other expenses or liabilities of every kind and character arising out of or relating to any <br />and all claims, liens, demands, obligations, actions, proceedings, or causes of action of <br />every kind and character arising out of the intentional misconduct and/or negligent acts <br />or omissions of the OWNER, his directors, officers, and employees, for whose acts the <br />OWNER is responsible under this Agreement. Notwithstanding the foregoing, the <br />OWNER shall not be required to indemnify the ENGINEER, its officers, agents, or <br />employees against liability for damages arising out of injury to persons, theft, or loss or <br />damage to property caused by or resulting from the negligence or intentional <br />misconduct of the ENGINEER, its officers, agents, or employees. <br />10. Status of Claims <br />The ENGINEER shall be responsible for keeping the OWNER currently advised <br />as to the status of any claims made for damages against the ENGINEER which are <br />known resulting from services performed under this Agreement. The ENGINEER shall <br />send notice of claims related to work under this Agreement to OWNER within thirty (30) <br />days. <br />11. Workmen's Compensation and Liability Insurance <br />The ENGINEER shall procure and maintain, until final' payment by the OWNER <br />for the services covered by this Agreement, insurance of the kinds and in the amounts <br />hereinafter provided in insurance companies authorized to do such business in the <br />State of Indiana covering all operations under this Agreement whether performed by <br />him or by his subcontractor. The ENGINEER will not be given a notice to proceed until <br />the ENGINEER has furnished a certificate or certificates in a form satisfactory to the <br />OWNER, showing that this section has been complied with. During the life of this <br />Agreement, the ENGINEER shall furnish the OWNER with certificates showing that the <br />required insurance coverage is maintained. The certificate or certificates shall provide <br />that the policies shall not be changed or canceled until forty -five (45) days written notice <br />has been given to the OWNER. In the event that such written notice of change or <br />cancellation is given, the OWNER may at its option terminate this Agreement and no <br />further compensation shall in such case be made to the ENGINEER. <br />The kinds and amounts of insurance required are as follows: <br />Policy covering the obligations of the ENGINEER in accordance with the <br />provisions of the Workmen's Compensation Law. This Agreement shall be void and of <br />Fellows Street Right of Way Acquisition Services Agreement <br />March 2013 <br />Page 7 of 10 <br />
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