R2001-165 AUTHORIZING THE EXECUTION OF A DESIGN PROFESSIONAL SERVICES AGREEMENT

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� . ARTICLE 6 - STANDARD OF CARE Design Professional shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a design professional under similar circumstances. No other warranty, expressed or implied, is included in this agreement or in any drawing, specification, report, or opinion produced pursuant to this Agreement. ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7.1 General. Having considered the potential liabilities that may exist during the performance of the Services, the benefits of the Project, and the Design Professional's fee for the Services, and in consideration of the promises contained in this Agreement, Owner and Design Professional agree to allocate and limit such liabilities in accordance with this Article. Indemnities against, releases from, and limitations on liability expressed in this Agreement shall apply even in the event of the breach of contract or warranty, tort (including negligence), strict liability or other basis of legal liability of the party indemnified or released, or of the party whose liability is limited. Such indemnities, releases, and limitations shall extend to the partners, licensors, subcontractors, vendors and related entities of such party, and all such parties' directors, officers, shareholders, employees, and agents. 7.2 Indemnification. Design Professional and Owner each agree to defend, indemnify, and hold harmless each other, from and against legal liability for all claims, losses, damages, and expenses resulting from death or bodily injury to any person, damage or destruction to third-party property to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Design Professional and Owner, they shall be borne by each party in proportion to its own negligence. 7.3 Employee Claims. Design Professional shall indemnify Owner against legal liability for damages arising out of claims by Design Professional's employees. Owner shall indemnify Design Professional against legal liability for damages arising out of claims by Owner's employees. 3 SLW:Dccalur/City of Dccalur Agrccmcnt v�iioa.vass R/1$/Ol