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G <br />any of them, The Engineer does not guarantee the performance of the Contractor and shall not <br />be responsible for the Contractor's failure to perform its Work in accordance with the Contract <br />Documents or any applicable laws, codes, rules or regulations. <br />When municipal review services are included in the Scope of Services, the Engineer (acting on <br />behalf of the municipality), when acting in good faith in the discharge of its duties, shall not <br />thereby render itself liable personally and is, to the maximum extent permitted by law, relieved <br />from all liability for any damage that may accrue to persons or property by reason of any act or <br />omission in the discharge of its duties. Any suit brought against the Engineer which involve the <br />acts or omissions performed by it in the enforcement of any provisions of the Client's rules, <br />regulation and /or ordinance shall be defended by the Client until final termination of the <br />proceedings. The Engineer shall be entitled to all defenses and municipal immunities that are, <br />or would be, available to the Client. <br />29. Insurance and indemnification, The Engineer and the Client understand and agree that the <br />Client will contractually require the Contractor to defend and indemnify the Engineer and/or any <br />subconsuitants from any claims arising from the Work, The Engineer and the Client further <br />understand and agree that the Client will contractually require the Contractor to procure <br />commercial general liability insurance naming the Engineer as an additional named insured <br />with respect to the work. The Contractor shall provide to the Client certificates of insurance <br />evidencing that the contractually required insurance coverage has been procured. However, <br />the Contractor's failure to provide the Client with the requisite certificates of insurance shall not <br />constitute a waiver of this provision by the Engineer. <br />The Client and Engineer waive all rights against each other and against the Contractor actor and <br />consultants, agents and employees of each of them for damages to the extent covered by <br />property insurance during construction. The Client and Engineer each shall require similar <br />waivers from the Contractor, consultants, agents and persons or entities awarded separate <br />contracts administered under the Client's own forces. <br />30. Hazardous Materials /Pollutants: Unless otherwise provided by this Agreement, the Engineer <br />and Engineer's consultants shall have no responsibility forthe discovery, presence, handling, <br />removal or disposal of or exposure of persons to hazardous materials / polutants in any form at <br />the Project site, including but not limited to mold /mildew, asbestos, asbestos products, <br />polychlorinated biphenyl (PCB) or other toxic/hazardous /pollutant type substances. <br />Furthermore, Client understands that the presence of mold /mildew and the like are results of <br />prolonged or repeated exposure to moisture and the lack of corrective action. Client also <br />understands that corrective action is an operation, maintenance and repair activity for which <br />the Engineer is not responsible. <br />June 13,2005-INDIANA <br />gt &c- Indiana modified 04-02- 07.doc <br />10 <br />