R97-41 ACCEPTING THE PROPOSAL AND AUTHORIZING AN AGREEMENT

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i �, _� � t - �� ARTICLE 5 - OWNER'S RESPONSIBILITIES Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities. ARTICLE 6 - STANDARD OF CARE Engineer shall exercise the same degree of care, skill , and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. No other warranty, express or implied, is included in this Agreement or in any drawing, specification, report, or opinion produced pursuant to this Agreement. ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7.1 General . Having considered the potential liabilities that may exist during the performance of the Services, the benefits of the Project, and the Engineer's fee for the Services, and in consideration of the promises contained in this Agreement, Owner and Engineer agree to allocate and limit such liabilities in accordance with this Article. 7.2 Indemnification. Engineer and Owner each agrees to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concur- rent negligence of Engineer and Owner, they shall be borne by each party in proportion to its own negligence. 7.3 Emplovee Claims. Engineer shall indemnify Owner against legal liability for damages arising out of claims by Engineer's employees. Owner shall indemnify Engineer against legal liability for damages arising out of claims by Owner's employees. 7.4 Consequential DamaQes. To the fullest extent permitted by law, Engineer shall not be liable to Owner for any special , indirect, or consequential damages resulting in any way from the performance of the Services. s�wie:oot 2 oa/oi/9�