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<br /> OWNER without the prior written authorization by the EN- error, professional enor, mistake, accident, or qther fault of
<br /> GINEER other than for specific intended purpose of this the OWNER " .
<br /> Agreement will be at the OWNER's sole risk without liabil- 4.6. Limitation of Liability-The ENGINEER shall not be
<br /> ity or legal exposure to ENGINEER The ENGINEER will liable towards the OWNER for any special, incidental or
<br /> provide the OWNER with a ten(10)day written notice prior ��uential damages, such as loss of use, loss of profits or
<br /> to disposal of PROJECT documents it has retained during �,enue, claims of customers of OWNER, etc., whether
<br /> which time the OWNER may take physical possession of
<br /> same at the storage site. based on the Agrcement or tort, including negligence or
<br /> strict liability. The OWNER agrees that the total limit of
<br /> 4.4. Insurance - During the performance of the Services the ENGINEER's liability hereunder (whether based on
<br /> under this Agrcement, ENGINEER shall maintain the fol- negligence, warranty, strict liability or otherwise) shall not
<br /> lowing insurance: exceed the limits of the insurance coverage in this Agree-
<br /> (1) General Liability Insurance, with a combined single ment.
<br /> limit of a 1,000,000 for each occurrence and S 1,000,000 in
<br /> the aggregate. IN WITNESS WHEREOF, the parties hereto have executed
<br /> (2) Automobile Liability Insurance,with a combined single or caused to be executed by their duly elected officials, this
<br /> limit of�1,000,000 for each person and�1,000,000 for each AGREEMENT in duplicate on the respective dates indicated
<br /> accident. below.
<br /> (3) Workers' Compensadon Insurance in accordance with ENGINEER: Tank Industry Consultants,Inc.
<br /> statutory requirements and Employers' Liability Insurance,
<br /> with a limit of 5500,000 for each occurrence.
<br /> (4)Professional Liability Insurance, with a limit of r
<br /> $1,000,000 annual aggregate.
<br /> ENGINEER shall, upon written request, furnish OWNER BY: William E Dau herty, . .
<br /> certificates of insurance which shall include a provision that
<br /> such insurance shall not be canceled without at least thirty Dated: Febnia ��5. 1998
<br /> days' written notice to OWNER The General Liability In-
<br /> surance and Automobile Liability Insurance specified above
<br /> shall provide that OWNER, and its agencies, officials, offi-
<br /> cers, and employees, while acting within the scope of their OWNER: The Ci a�f`,Illinois
<br /> authority, will be named as additional insured for the Proj-
<br /> ect. All Project contractors shall be required to include
<br /> OWNER and ENGINEER as additional insureds on their
<br /> General Liability insurance policies,and shall be required to gy, erry wley,Mayor
<br /> indemnify OWNER and ENGINEER to the same extent.
<br /> ENGINEER and OWNER waive all rights against each
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<br /> other and their diractors, officers, partners, commissioners, Dat � �� l ��
<br /> officials, agents, and employees for damages covered by
<br /> property insurance during and after the compledon of the ATTES •
<br /> Seivices. If the Servioes result in a construction phase of the
<br /> project, a similar provision shall be incorporated into all •
<br /> construction phase contracts entered into by OWNER and �,��'���_ ' � �2�iC7
<br /> shall protect OWNER and ENGINEER to the same extent. City Clerk
<br /> 4.5. Indemnificadon - The ENGINEER agrees to indem-
<br /> nify and hold harmless the OWNER, and its officers and its
<br /> employees, from and against all liability, claims, demands, x:/word/agreementsl�tecatur dtswip.agr
<br /> and expenses, including court cbsts and attomey fees, on
<br /> account of any injury, loss,or damage, which arise out of or
<br /> are in any manner connected with the work to be performed
<br /> under this Agreement, if such injury, loss, or damage is
<br /> caused by the negligent act, error or willful misconduct of
<br /> the Engineer or anyone for whom it is legally liable. The
<br /> obligations of this Article shall not apply to damages which
<br /> the OWNER shall become liable by final judgment to pay to
<br /> a third party as the result of the negligent act or omission,
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