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<br />Exhibit K – Amendment to Owner-Engineer Agreement.
<br />EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
<br />Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
<br /> and American Society of Civil Engineers. All rights reserved. Page 1
<br />This is EXHIBIT I, consisting of 1 page, referred
<br />to in and part of the Agreement between
<br />Owner and Engineer for Professional Services
<br />dated [ ].
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<br />Limitations of Liability
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<br />Paragraph 6.11 of the Agreement is supplemented to include the following agreement of the parties:
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<br />C. 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
<br />permitted byLaws and Regulations, the total liability, in the aggregate, of Engineer and
<br />Engineer’s officers, directors, members, partners, agents, employees, and Consultants to
<br />Owner and anyone claiming by, through, or under Owner for any and all claims, losses,
<br />costs, or damages whatsoever arising out of, resulting from, or in any way related to the
<br />Project or the Agreement from any cause or causes, including but not limited to the
<br />negligence, professional errors or omissions, strict liability, breach of contract, indemnity
<br />obligations, or warranty express or implied, of Engineer or Engineer’s officers, directors,
<br />members, partners, agents, employees, or Consultants (hereafter “Owner’s Claims”),
<br />shall be strictly limited to the lesser of the fees paid to Stantec for the Services or
<br />$500,000. shall not exceed the total insurance proceeds paid on behalf of or to Engineer
<br />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
<br />and expenses of investigation, claims adjustment, defense, and appeal), up to the
<br />amount of insurance required under this Agreement. If no such insurance coverage is
<br />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
<br />such uninsured Owner’s Claims shall not exceed $[ ].
<br />B. Indemnification by Owner: To the fullest extent permitted by Laws and Regulations,
<br />Owner shall indemnify and hold harmless Engineer and its officers, directors, members,
<br />partners, agents, employees, and Consultants from and against any and all claims, costs,
<br />losses, and damages (including but not limited to all fees and charges of engineers,
<br />architects, attorneys, and other professionals, and all court, arbitration, or other dispute
<br />resolution costs) arising out of or relating to the Project, provided that any such claim,
<br />cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury
<br />to or destruction of tangible property (other than the Work itself), including the loss of use
<br />resulting therefrom, but only to the extent caused by any negligent act or omission of
<br />Owner or Owner’s officers, directors, members, partners, agents, employees, consultants,
<br />or others retained by or under contract to the Owner with respect to this Agreement or to
<br />the Project.
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