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SECTION 7. HOLD HARMLESS AND INDEMNIFICATION. <br /> Consulting Engineer shall indemnify and save harmless the City, its officers and employees against claims <br /> for damages to property or injuries to or death of any person or persons, including property and <br /> employees or agents of the City and including reasonable attorney's fees incurred by the City or <br /> required in any way to be paid by the City, in defense thereof, and shall indemnify and save harmless <br /> the City from all claims, demands, suits, actions or proceedings including Worker's Compensation claims, <br /> of or by anyone whomsoever,to the extent proximately caused or proximately arising out of negligent <br /> acts or omissions to act by Consulting Engineer in connection with its performance of this contract, <br /> including operations of its subcontractors and negligent acts or omissions of employees or agents of the <br /> Consulting Engineer or its subcontractors. <br /> The City shall indemnify and save harmless the Consulting Engineer, its officers and employees against <br /> any and all claims for damages to property or injuries to or death of any person or persons, including <br /> property and employees or agents of the Consulting Engineer and including reasonable attorney's fees <br /> incurred by the Consulting Engineer or required in any way to be paid by the Consulting Engineer, in <br /> defense thereof, and shall indemnify and save harmless the Consulting Engineer from all claims, <br /> demands, suits, actions or proceedings including Worker's Compensation claims, of or by anyone <br /> whomsoever, proximately caused or proximately arising out of negligent acts or omissions to act by City <br /> in connection with its performance of this contract, including operations of its subcontractors and <br /> negligent acts or omissions of employees or agents of the City or its subcontractors. <br /> Insurance coverage specified in this Agreement constitutes the minimum requirements and said <br /> requirements shall not lessen or limit the liability of the Consulting Engineer under the terms of the <br /> Agreement. The Consulting Engineer shall procure and maintain at his own cost and expense, any <br /> additional kinds and amounts of insurance that, in the Consulting Engineer's own judgment, may be <br /> necessary for the Consulting Engineer's proper protection in the prosecution of the work. Neither Party <br /> shall be liable to the other Party for incidental, indirect, special or consequential damages. <br /> SECTION 8. GUARANTEE <br /> The Contractor/Consultant shall perform its services in a manner consistent with that degree of care and <br /> skill ordinarily exercised by members of the same profession currently practicing under similar <br /> circumstances at the same time and in the same or similar locality and warrants its work and that of any <br /> Sub-Contractors/Sub-Consultants employed by the Contractor/Consultant shall also meet such <br /> standards of professional care. The Contractor/Consultant shall not be required to guarantee the work <br /> of any Contractor/Consultant or Sub-Contractors/Sub-Consultants employed by the City. Unless <br /> specifically included in the scope of work for this project,the Contractor/Consultant shall have no <br /> authority to stop the work of contractors or consultants employed by the City, shall have no supervision <br /> or control as to the work or persons doing the work, shall not have charge of the work, shall not be <br /> responsible for safety in, on, or about the job site or have any control of the safety or adequacy of any <br /> equipment, building component, scaffolding, supports,forms or other work aids. <br /> 5 <br /> Last Revised 07-08-2015 <br />