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6.10 Indemnification and Mutual Waiver
<br />A. Indemnification by Engineer: To the fullest extent permitted bylaw, Engineer shall indemnify
<br />and hold harmless Owner, and Owner's officers, directors, members, partners, agents,
<br />consultants, and employees from reasonable claims, costs, losses, and damages arising out of
<br />or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to
<br />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 extent
<br />caused by any negligent act or omission of Engineer or Engineer's officers, directors,
<br />members, partners, agents, employees, or Consultants. This indemnification provision is
<br />subject to and limited by the provisions, if any, agreed to by Owner and Engineer in
<br />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 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, provided
<br />that (1) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease,
<br />or death, or to injury to or destruction of tangible property (other than the Work itself),
<br />including the loss of use resulting therefrom, and (2) nothing in this paragraph shall obligate
<br />Owner to indemnify any individual or entity from and against the consequences of that
<br />individual's or entity's own negligence or willful misconduct.
<br />D. Percentage Share of Negligence: To the fullest extent permitted by law, a party's total
<br />liability to the other parry 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, Engineer,
<br />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, partners,
<br />and consultants, any and all claims for or entitlement to special, incidental, indirect, or
<br />consequential damages arising out of, resulting from, or in any way related to the Project.
<br />6.11 Miscellaneous Provisions
<br />A. Notices: Any notice required under this Agreement will be in writing, addressed to the
<br />appropriate party at its address on the signature page and given personally, by facsimile, by
<br />registered or certified mail postage prepaid, or by a commercial courier service. All notices
<br />shall be effective upon the date of receipt.
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<br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services
<br />Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved.
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