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<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 />Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury,
<br />sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work
<br />itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent
<br />act or omission of Engineer or Engineer’s officers, directors, members, partners, agents,
<br />employees, or Consultants. This indemnification provision is subject to and limited by the
<br />provisions, if any, agreed to by Owner and Engineer in Exhibit I, “Limitations of Liability."
<br />B. Indemnification by Owner: Owner shall indemnify and hold harmless Engineer and its officers,
<br />directors, members, partners, agents, employees, and Consultants as required by Laws and
<br />Regulations and to the extent (if any) required in Exhibit I, Limitations of Liability.
<br />C. Environmental Indemnification: To the fullest extent permitted by law, Owner shall indemnify
<br />and 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) caused by, arising out of, relating to, or
<br />resulting from a Constituent of Concern at, on, or under the Site, provided that (1) any such claim,
<br />cost, loss, or 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 resulting
<br />therefrom, and (2) nothing in this paragraph shall obligate Owner to indemnify any individual or
<br />entity from and against the consequences of that individual's or entity's own negligence or willful
<br />misconduct.
<br />D. Percentage Share of Negligence: To the fullest extent permitted by law, a party’s total liability to
<br />the other party and anyone claiming by, through, or under the other party for any cost, loss, or
<br />damages caused in part by the negligence of the party and in part by the negligence of the other
<br />party or any other negligent entity or individual, shall not exceed the percentage share that the
<br />party’s negligence bears to the total negligence of Owner, Engineer, and all other negligent
<br />entities and individuals.
<br />E. Mutual Waiver: To the fullest extent permitted by law, Owner and Engineer waive against each
<br />other, and the other’s employees, officers, directors, members, agents, insurers, partners, and
<br />consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential
<br />damages arising out of, resulting from, or in any way related to the Project.
<br />6.11 Miscellaneous Provisions
<br />A. Notices: Any notice required under this Agreement will be in writing, addressed to the
<br />appropriate party at its address on the signature page and given personally, by facsimile, by
<br />registered or certified mail postage prepaid, or by a commercial courier service. All notices shall
<br />be effective upon the date of receipt.
<br />B. Survival: All express representations, waivers, indemnifications, and limitations of liability
<br />included in this Agreement will survive its completion or termination for any reason.
<br />C. Severability: Any provision or part of the Agreement held to be void or unenforceable under any
<br />Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be
<br />valid and binding upon Owner and Engineer, which agree that the Agreement shall be reformed to
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