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F. Owner acknowledges that Engineer is performing professional services for Owner and that
<br />Engineer is not and shall not be required to become an "owner" "arranger," "operator,"
<br />"generator," or "transporter" of hazardous substances, as defined in the Comprehensive
<br />Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which
<br />are or may be encountered at or near the Site in connection with Engineer's activities under
<br />this Agreement.
<br />6.10 Indemnification and Mutual Waiver
<br />A. Indemnification by Engineer: To the fullest extent permitted by law, Engineer shall
<br />indemnify and hold harmless Owner, and Owner's officers, directors, members, partners,
<br />agents, consultants, and employees from reasonable claims, costs, losses, and damages
<br />arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is
<br />attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of
<br />tangible property (other than the Work itself), including the loss of use resulting therefrom,
<br />but only to the extent caused by any negligent act or omission of Engineer or Engineer's
<br />officers, directors, members, partners, agents, employees, or Consultants. This
<br />indemnification provision is subject to and limited by the provisions, if any, agreed to
<br />by Owner and Engineer in Exhibit I, "Limitations of Liability."
<br />B. Indemnification by Owner: Owner shall indemnify and hold harmless Engineer and its
<br />officers, directors, members, partners, agents, employees, and Consultants as required by
<br />Laws and Regulations and to the extent (if any) required in Exhibit I, Limitations of
<br />Liability.
<br />C. Environmental Indemnification: To the fullest extent permitted by law, Owner shall
<br />indemnify 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 damages
<br />(including but not limited to all fees and charges of engineers, architects, attorneys and other
<br />professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising
<br />out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site,
<br />provided that (1) 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
<br />Work itself), including the loss of use resulting therefrom, and (2) nothing in this paragraph
<br />shall obligate Owner to indemnify any individual or entity from and against the
<br />consequences of that individual's or entity's own negligence or willful misconduct.
<br />D. Percentage Share of Negligence: To the fullest extent permitted by law, a parry's total
<br />liability to the other party and anyone claiming by, through, or under the other party for any
<br />cost, loss, or damages caused in part by the negligence of the party and in part by the
<br />negligence of the other party or any other negligent entity or individual, shall not exceed the
<br />percentage share that the party's negligence bears to the total negligence of Owner,
<br />Engineer, and all other negligent entities and individuals.
<br />E. Mutual Waiver: To the fullest extent permitted by law, Owner and Engineer waive against
<br />each other, and the other's employees, officers, directors, members, agents, insurers,
<br />partners, and consultants, any and all claims for or entitlement to special, incidental,
<br />indirect, or consequential damages arising out of, resulting from, or in any way related to the
<br />Project.
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<br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services
<br />Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved.
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