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