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. � <br /> . consideration of the promises contained in this Agreement, Owner and Design Professional agree to <br /> allocate and limit such liabilities in accordance with this Article. Indemnities against, releases from, and <br /> limitations on liability expressed in this Agreement shall apply even in the event of the breach of <br /> contract or warranty,tort(including negligence), strict liability or other basis of legal liability of the <br /> party indemnified or released, or of the party whose liability is limited. Such indemnities, releases, and <br /> limitations shall extend to the partners, licensors, subcontractors,vendors and related entities of such <br /> party, and all such parties' directors, officers, shareholders, employees, and agents. <br /> 7.2 Indemnification. Design Professional and Owner each agree to defend, indemnify, and hold <br /> harmless each other, from and against legal liability for all claims, losses, damages, and expenses <br /> resulting from death or bodily injury to any person, damage or destruction to third-party property to the <br /> extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. <br /> In the event such claims, losses, damages, or expenses are caused by the joint or concurrent negligence <br /> of Design Professional and Owner, they shall be borne by each party in proportion to its own negligence. <br /> 7.3 Employee Claims. Design Professional shall indemnify Owner against legal liability for damages <br /> arising out of claims by Design Professional's employees. Owner shall indemnify Design Professional <br /> against legal liability for damages 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, Design Professional (including any of its related or affiliated <br /> companies) shall not be liable to Owner for any special, indirect, or consequential damages resulting in <br /> any way from the performance of the Services. <br /> 7.5 Limitations of Liabilitv. To the fullest extent permitted by law, Design Professional's (including any <br /> of its related or affiliated companies)total liability to Owner for all claims, losses, damages, and <br /> expenses, resulting in any way from the performance of the Services shall not exceed the insured limits <br /> under this Agreement. <br /> 3 <br /> SLW:DecatudCity of Decatur Agreement Iake Decatur <br /> 83104.700 <br /> 03/OS/02 <br />