|
This is EXHIBIT I, consisting of 1 page, referred to in and
<br />part of the Agreement between Owner and Engineer for
<br />Professional Services dated ,
<br />Limitations of Liability
<br />Paragraph 6.10 of the Agreement is supplemented to include the following agreement of the parties:
<br />A. Limitation of Engineer's Liability
<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 Consultantss (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 sueh i
<br />mage - pmvided with rvspeO to Owner-s Claims. then the total liability, in the aggfegate, a
<br />Consultants to Owner- and anyene elaiming by, 9"agh, or- undeF Owner- for- aRy and all sueh
<br />... . fistwed Owner -Is Cla-ms shall fiat exceed S
<br />B. B. Indemnification by Owner: 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
<br />other professionals, and all court, arbitration, or other dispute resolution costs) arising out of
<br />or relating to the Project, provided that any such claim, cost, loss, or damage is attributable
<br />to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property
<br />(other than the Work itself), including the loss of use resulting therefrom, but only to the
<br />extent caused by any negligent act or omission of Owner or Owner's officers, directors,
<br />members, partners, agents, employees, consultants, or others retained by or under contract to
<br />the Owner with respect to this Agreement or to the Project.
<br />Page 1
<br />(Exhibit J - Special Provisions)
<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 />
|