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Version 11 -29 -11 <br />other party for any purposes whatsoever. Neither party will assume liability for any injury (including death) <br />to any persons, or damage to any property, arising out of the acts or omissions of the agents or employees <br />of the other party. The CONSULTANT shall be responsible for providing all necessary unemployment and <br />workers' compensation insurance for its employees. <br />19. Insurance - Liability for Damages. <br />A. The CONSULTANT shall be responsible for the accuracy of the Services performed under this <br />Contract and shall promptly make necessary revisions or corrections resulting from its negligence, errors or <br />omissions without any additional compensation from the LPA. Acceptance of the Services by the LPA <br />shall not relieve the CONSULTANT of responsibility for subsequent correction of its negligent act, error or <br />omission or for clarification of ambiguities. The CONSULTANT shall have no liability for the errors or <br />deficiencies in designs, drawings, specifications or other services furnished to the CONSULTANT by the <br />LPA on which the Consultant has reasonably relied, provided that the foregoing shall not relieve the <br />CONSULTANT from any liability from the CONSULTANT'S failure to fulfill its obligations under this <br />Contract, to exercise its professional responsibilities to the LPA, or to notify the LPA of any errors or <br />deficiencies which the CONSULTANT knew or should have known existed. <br />B. During construction or any phase of work performed by others based on Services provided by the <br />CONSULTANT, the CONSULTANT shall confer with the LPA when necessary for the purpose of <br />interpreting the information, and /or to correct any negligent act, error or omission. The CONSULTANT <br />shall prepare any plans or data needed to correct the negligent act, error or omission without additional <br />compensation, even though final payment may have been received by the CONSULTANT. The <br />CONSULTANT shall give immediate attention to these changes for a minimum of delay to the project. <br />C. The CONSULTANT shall be responsible for damages including but not limited to direct and <br />indirect damages incurred by the LPA as a result of any negligent act, error or omission of the <br />CONSULTANT, and for the LPA's losses or costs to repair or remedy construction. Acceptance of the <br />Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent correction. <br />D. The CONSULTANT shall be required to maintain in full force and effect, insurance as described <br />below from the date of the first authorization to proceed until the LPA's acceptance of the work product. <br />The CONSULTANT shall list both the LPA and INDOT as insureds on any policies. The CONSULTANT <br />must obtain insurance written by insurance companies authorized to transact business in the State of <br />Indiana and licensed by the Department of Insurance as either admitted or non - admitted insurers. <br />E. The LPA, its officers and employees assume no responsibility for the adequacy of limits and <br />coverage in the event of any claims against the CONSULTANT, its officers, employees, sub - consultants or <br />any agent of any of them, and the obligations of indemnification in Section 17 herein shall survive the <br />exhaustion of limits of coverage and discontinuance of coverage beyond the term specified, to the fullest <br />extent of the law. <br />F. The CONSULTANT shall furnish a certificate of insurance and all endorsements to the LPA prior <br />to the commencement of this Contract. Any deductible or self - insured retention amount or other similar <br />obligation under the insurance policies shall be the sole obligation of the CONSULTANT. Failure to <br />provide insurance as required in this Contract is a material breach of Contract entitling the LPA to <br />immediately terminate this Contract. <br />Professional Liability Insurance <br />The CONSULTANT must obtain and carry professional liability insurance as follows: For the LPA <br />Prequalification Work Types 12.8 the CONSULTANTS shall provide not less than $250,000.00 <br />professional liability insurance per claim and $250.000.00 aggregate for all claims for negligent <br />performance. <br />