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ARTICLE 5 - OWNER'S RESPONSIBILITIES <br /> Owner shall be responsible for all matters described in Attachment C, <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 Indeminication. "The ENGINEER agrees to indemnify and hold <br /> harmless the OWNER, and its officers and its employees, from and against ; <br /> all liability, claims, demands, and expenses, including court costs and <br /> attorney fees, on account of any injury, loss, or damage, which arise <br /> out of or are in any manner connected with the work to be performed <br /> under this AGREEMENT, if such injury, loss, or damage is caused by the <br /> negligent act, error or willful misconduct of the Engineer or anyone for <br /> whom it is legally liable. The obligations of this Article shall not <br /> apply to damages which the OWNER shall become liable by final judgment <br /> to pay to a third party as the result of the negligent act or omission, <br /> error, professional error, mistake, accident, or other fault of the <br /> OWNER. <br /> 7.2 Limitation of Liabilitv. The ENGINEER shall not be liable towards <br /> the OWNER for any special , incidental or consequential damages, such as <br /> loss of use, loss of profits or revenue, claims of customers of OWNER, <br /> etc. , whether based on the AGREEMENT or tort, including negligence or <br /> strict liability. The OWNER agrees that the total limit of the <br /> ENGINEER's liability hereunder (whether based on negligence, warranty, <br /> strict liability or otherwise) shall not exceed the limits of the <br /> insurance coverage in this AGREEMENT." <br /> 7.3 Survival . Upon completion of all Services, obligations, and duties <br /> provided for in this Agreement, or if this Agreement is terminated for <br /> any reason, the terms and conditions of this Article shall survive. <br /> SLW16:067 2 <br /> 12/15/91 <br />