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' ' ARTICLE 4-COMPENSATION <br /> Owner shall pay Engineer in accordance with Attachment B, Compensation. <br /> ARTICLE 5-OWNER'S RESPONSIBILITIES <br /> Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities. <br /> ARTICLE 6-STANDARD OF CARE <br /> Engineer shail exercise the same degree of care, skill, and diligence in the performance of the <br /> Services as is ordinarily possessed and exercised by a professional engineer under similar <br /> circumstances. No other warranty, express or implied, is included in this Agreement or in any <br /> drawing, specification, 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 <br /> the Services, the benefits of the Project, and the Engineer's fee for the Services, and in <br /> consideration of the promises contained in this Agreement, Owner and Engineer agree to allocate <br /> and limit such liabilities in accordance with this Article. <br /> 7.2 Indemnification. Engineer and Owner each agrees to defend, indemnify, and hold harmless <br /> each other, its agents and employees, from and against legal liability for all claims, losses, <br /> damages, and expenses to the extent such claims, losses, damages, or expenses are caused by <br /> its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are <br /> caused by the joint or concurrent negligence of Engineer and Owner, they shall be borne by each <br /> party in proportion to its own negligence. <br /> 7.3 Emplovee Claims. Engineer shall indemnify Owner against legal liability for damages arising <br /> out of claims by Engineer's employees. Owner shall indemnify Engineer against legal liability for <br /> damages arising out of claims by Owner's employees. <br /> 2 <br /> Slwt Ciry d Decalu dx <br /> 913059 <br />