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This is EXHIBIT 1, consisting of 1 pages, referred to in
<br />and part of the Agreement between Owner and Engineer
<br />for Professional Services dated 2016.
<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 />Engineer's Liability Limited to Amount of Engineer's Compensation: To the fullest extent
<br />permitted by law, and notwithstanding any other provision of this Agreement, the total liability,
<br />in the aggregate, of Engineer and Engineer's officers, directors, members, partners, agents,
<br />employees, and Consultants, to Owner and anyone claiming by, through, or under Owner for
<br />any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any
<br />way related to the Project or the Agreement from any cause or causes, including but not limited
<br />to the 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 shall not exceed the total compensation
<br />received by Engineer under this Agreement.
<br />B. Indemnification by Owner: To the fullest extent permitted by law, Owner shall indemnify and
<br />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) arising out of or relating to the Project,
<br />provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness,
<br />disease, or death or to injury to or destruction of tangible property (other than the Work itself),
<br />including the loss of use resulting therefrom, but only to the extent caused by any negligent act or
<br />omission of Owner or Owner's officers, directors, members, partners, agents, employees,
<br />consultants, or others retained by or under contract to the Owner with respect to this Agreement or
<br />to the Project.
<br />V:\Opportunities\South Bend\2016\Field Services\City of South Bend - Marriott Hotel\Agreement\EJCDC Agreement 7-6-16.doc
<br />Page 1
<br />(Exhibit I — Limitations of Liability)
<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.
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