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<br />EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
<br />Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
<br /> and American Society of Civil Engineers. All rights reserved. Page
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<br />E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the
<br />performance of Engineer’s services under this Agreement, then the Engineer shall have
<br />the option of (1) accepting an equitable adjustment in its compensation or in the time of
<br />completion, or both; or (2) terminating this Agreement for cause on seven days notice.
<br />F. Owner acknowledges that Engineer is performing professional services for Owner and that
<br />Engineer is not and shall not be required to become an "owner," “arranger,” “operator,”
<br />“generator,” or “transporter” of hazardous substances, as defined in the Comprehensive
<br />Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which
<br />are or may be encountered at or near the Site in connection with Engineer’s activities
<br />under this Agreement.
<br />6.11 Indemnification and Mutual Waiver
<br />A. Indemnification by Engineer: To the fullest extent permitted by Laws and Regulations,
<br />Engineer shall indemnify and hold harmless Owner, and Owner’s officers, directors,
<br />members, partners, agents, consultants, and employees, from losses, damages, and
<br />judgments (including reasonable consultants’ and attorneys’ fees and expenses) arising
<br />from third-party claims or actions relating to the Project, provided that any such claim,
<br />action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or
<br />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
<br />negligent act or omission of Engineer or Engineer’s officers, directors, members, partners,
<br />agents, employees, or Consultants. This indemnification provision is subject to and
<br />limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit I,
<br />“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
<br />Liability.”
<br />C. Environmental Indemnification: To the fullest extent permitted by Laws and Regulations,
<br />Owner shall indemnify and hold harmless Engineer and its officers, directors, members,
<br />partners, agents, employees, and Consultants from all claims, costs, losses, damages,
<br />actions, and judgments (including reasonable consultants’ and attorneys fees and
<br />expenses) caused by, arising out of, relating to, or resulting from a Constituent of Concern
<br />at, on, or under the Site, provided that (1) any such claim, cost, loss, damages, action, or
<br />judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or
<br />destruction of tangible property (other than the Work itself), including the loss of use
<br />resulting therefrom, and (2) nothing in this paragraph shall obligate Owner to indemnify
<br />any individual or entity from and against the consequences of that individual's or entity's
<br />own negligence or willful misconduct.
<br />D. No Defense Obligation: The indemnification commitments in this Agreement do not
<br />include a defense obligation by the indemnitor unless such obligation is expressly stated.
<br />E. Percentage Share of Negligence: To the fullest extent permitted by Laws and Regulations,
<br />a party’s total liability to the other party and anyone claiming by, through, or under the
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