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7.2 Indemnification. Engineer agrees to defend, indemnify, and hold harmless the Owner, from and
<br /> against legal liability for all claims, losses, damages, and expenses resulting from death or bodily injury
<br /> to any person, damage or destruction to third-party property to the extent such claims, losses, damages,
<br /> or expenses are caused by its negligent acts, errors, or omissions. In the event such claims, losses,
<br /> damages, or expenses are caused by the joint or concurrent negligence of Engineer and Owner, they shall
<br /> be borne by each party in proportion to its own negligence.
<br /> 7.3 Emplovee Claims. Engineer shall indemnify Owner against legal liability for damages arising out
<br /> of claims by Engineer's employees. Owner shall indemnify Engineer against legal liability for damages
<br /> arising out of claims by Owner's employees.
<br /> 7.4 Consequential Dama�es. Notwithstanding any provision in this Agreement to the contrary, and to ,
<br /> the fullest extent permitted by law, Engineer(including any of its related or affiliated companies) shall '�
<br /> not be liable to Owner and Owner expressly waives all claims for loss of profits, revenue, use,
<br /> opportunity, and goodwill; cost of substitute facilities, goods, and services; cost of capital; increased
<br /> operating costs; and for any special, indirect, incidental, consequential, punitive, or exemplary damages
<br /> resulting in any way from the performance or non-performance of the Services whether arising under
<br /> breach of contract or warranty, tort(including negligence), indernnity, strict liability or other basis of
<br />� legalliability.
<br /> 7.5 Limitations of Liabilitv. To the fullest extent permitted by law, Engineer's (including any of its
<br /> related or affiliated companies)total liability to Owner for all claims, losses, damages, and expenses,
<br /> whether arising under breach of contract or warranty, tort (including negligence), indemnity, strict
<br /> liability or any other basis of legal liability, resulting in any way from the performance or non-
<br /> performance of the Services shall not exceed two million dollars ($2,000,000) for any one Task Order.
<br /> 7.6 Survival. Upon completion of all Services, obligations, and duties provided for in this Agreement,
<br /> or if this Agreement is terminated for any reason whatsoever, the terms and conditions of this Article
<br /> shall survive.
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<br /> City of Decatur,IL OS-30-03
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