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r . � <br /> of the Project or on any other project. Atry re-use without the IN WITNESS VVHEREOF, the parties hereto l�ave executed <br /> express written consent of the ENGINEER will be at re-user's or caused to be executed by their duly elected officials, this <br /> sole risk and without liability or legal exposure to the AGREEMENT in duplicate on the respective dates indicated <br /> ENGINEER,and OWNER shall indemnify and hold hazmless below. <br /> the ENGINEER from all clauns, damages, losses,expenses, <br /> and costs,including attorneys'fees arising out of or resulting <br /> from the reuse of said documents without the ENGINEER's ENGINEER: Tank Industry Consultants,Inc. <br /> consent. The granting of such consent will entitle the <br /> ENGINEER to further compensation at rates to be agreed � <br /> upon by OWNER and the ENGINEER. <br /> 4.4.Insurance - ENGINEER shall procure and maintain By: Gregory R. tein, <br /> workers' compensation,automobile,general liability and pro- <br /> fessional liability insurance. Upon receipt of this executed <br /> Agreement, ENGINEER shail provide OWNER with certifi- Dated: �t�� w r\� <br /> cates of insurance for OWNER's review and use. V <br /> 4.S.Indemnification - The ENGINEER a�ees to indemnify <br /> OWNER, their officers employees, and agents against, and O ity of Decatur <br /> will hold and save them ham�less from, any and all claims, <br /> damages, losses or omissions due to the negligence of the C��u-�' <br /> ENGINEER in the perforn�ance of this Agreement,but only <br /> for that portion of such negligence of the ENGINEER com- <br /> pared to the total negligence of all persons,firms,or corpora- BY� paul Osborne, Mayor <br /> tions which results in said damages to OWNER. The <br /> ENGINEER shall not be liable for any consequential damages. <br /> The fees listed in the Proposai to OWNER dated August 22, Dated: September 16, 2003 <br /> 2003 are based upon the total liability to the ENGINEER not <br /> exceeding $50,000 or the contract amount, whichever is <br /> ���. ATTEST: <br /> �'"_ ' <br /> �_ _ CQ� <br /> City Clerk <br />