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ARTICLE 6 - STANDARD OF CARE <br /> Engineer shall exercise the same degree of care, skill, and diligence in the performance of the Services <br /> as is ordinarily possessed and exercised by a professional engineer under similar circumstances. No <br /> other warranty, expressed or implied, is included in this agreement or in any drawing, specification, <br /> report, or opinion produced pursuant to this agreement. <br /> ARTICLE 7 -LIABILITY AND INDEMNIFICATION � <br /> 7.1 General. Having considered the potential liabilities that may exist during the performance of the <br /> Services, the benefits of the Project, and the Engineer's fee for the Services, and in consideration of the <br /> promises contained in this Agreement, Owner and Engineer agree to allocate and limit such liabilities in <br /> accordance with this Article. Indemnities against, releases from, and limitations on liability expressed in <br /> this Agreement shall apply even in the event of the breach of contract or warranty, tort (including <br /> negligence), strict liability or other basis of legal liability of the party indemnified or released, or of the <br /> party whose liability is limited. Such indemnities, releases, and limitations shall extend to the partners, <br /> licensors, subcontractors, vendors and related entities of such party, and all such parties' directors, <br /> officers, shareholders, employees, and agents. <br /> 7.2 Indemnification. Engineer and Owner each agree to defend, indemnify, and hold harmless each <br /> other, from and against legal liability for all claims, losses, damages, and expenses resulting from death <br /> or bodily injury to any person, damage or destruction to third-party property to the extent such claims, <br /> losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event such <br /> claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Engineer and <br /> Owner, they shall be borne by each party in proportion to its own negligence. <br /> 7.3 Employee 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 Damages. 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 /> 3 <br /> SLW:Dccawr/Ci�y of Dccawr Agrcemcnt <br /> �1(W.94R5 <br /> 4/3/Ul <br />