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ARTICLE 5 - OWNER'S RESPONSIBILITIES <br /> Owner shall be responsible for all matters described in Attachment C, <br /> � <br /> Owner s Responsibilities. <br /> ARTICLE 6 - STANDARD OF CARE <br /> Engineer shall exercise the same degree of care, skill , and diligence in <br /> the performance of the Services as is ordinarily possessed and exercised <br /> by a professional engineer under similar circumstances. No other <br /> warranty, express or implied, is included in this Agreement or in any <br /> drawing, specification, report, or opinion produced pursuant to this <br /> Agreement. <br /> ARTICLE 7 - LIABILITY AND INDEMNIFiCATION <br /> 7.1 General . Having considered the potential liabilities that may <br /> exist during the performance of the Services, the benefits of the <br /> Project, and the Engineer's fee for the Services, and in consideration <br /> of the promises contained in this Agreement, Owner and Engineer agree to <br /> allocate and limit such liabilities in accordance with this Article. <br /> 7.2 Indemnification. Engineer and Owner each agrees to defend, <br /> indemnify, and hold harmless each other, its agents and employees, from <br /> and against legal liability for all claims, losses, damages, and <br /> expenses to the extent such claims, losses, damages, or expenses are <br /> caused by its negligent acts, errors, or omissions, In the event <br /> claims, losses, damages, or expenses are caused by the joint or <br /> 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 � <br /> liability for damages arising out of claims by Engineer's employees. ' <br /> Owner shall indemnify Engineer against legal liability for damages <br /> arising out of claims by Owner's employees. <br /> 7.4 Consequential Damaqes. To the fullest extent permitted by law, <br /> Engineer shall not be liable to Owner for any special , indirect, or <br /> consequential damages resulting in any way from the performance of the <br /> Services. <br /> � <br /> SLW3:010 2 <br /> 5/1/98 <br /> ( <br />