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� � With the exception of the Professional Liability and Workers' 13. MONTGOMERY WATSON'S
<br /> �Compensadon General Liability coverage,these insurance policies INDEMNIFICATION OF CLIENTS
<br /> shall be endorsed to name each of the CLIENTS as additional
<br /> insureds and shall,with the further exception of Contractor's Subject to the limitations provided in Paragraphs 10 and 12 of this
<br /> Pollution Liability,contain the following or a similar waiver of Agreement. MONTGOMERY WATSON shall,to the maximum
<br /> subrogation provision. "This Insurer hereby irrevocably waives extent permitted by Law, indemnify, defend and hold harmless I
<br /> any and all rights of subrogation to pursue any claims or causes of CI.IEN'TS and their subsidiaries and affiliates,and their respective
<br /> action against Zexel,Mueller,Borg-Warner,and the City of shareholders, directors, officers, employees and agents from and
<br /> Decatur which may arise as a result of any payments under this against any and all claims,demands, losses,damages, fines,costs
<br /> policy." To the extent not covered by MONTGOMERY and expenses of every nature,including reasonable attorney's fees
<br /> WATSON's insurance,each consultant,contractor,and vendor (collectively, "Claims"),incurred or suffered by CLIENTS which
<br /> used by MONTGOMERY WATSON shall deliver,or cause to be arise from (a) the negligent acts or willful misconduct of i
<br /> executed and delivered,to each of the CLIENTS certificates of MONTGOMERY WATSON in performing the Services,except to ',
<br /> insurance issued by the underwriters providing such insurance,or the extent such claims result from the negligent acts or omissions of
<br /> an authorized representative of such underwriters,certifying that CLIENTS, the inaccuracy or incompleteness of information
<br /> the types and amounts of insurance specified above are in effect, provided by CLIENTS or any breach by CLIENTS of their
<br /> insuring each of the CLIENTS as additional insureds and obligadons under this Agreement, or (b) any breach of this
<br /> providing that the underwriter will not cancel or reduce said Agreement by MONTGOMERY WATSON.
<br /> insurance without giving each of the CLIENTS as additional
<br /> insureds at least fourteen(14)days written notice of such 14. CLIENTS'INDEMNIFICATION OF
<br /> cancellation or reduction. If any of the insurance described is MONTGOMERY WATSON
<br /> underwriiten on a"claims made"basis rather than an"occurrence"
<br /> basis,MONTGOMERY WATSON shall continue such insurance CLIEN"TS shall, to the maximum extent permitted by Law,
<br /> in full force and effect for a period of not less than three(3)years indemnify,defend and hold harmless MONTGOMERY WATSON
<br /> following the date of completion of the Work. and its subsidiaries and affiliates and their respective shareholders,
<br /> directors, officers, employees, agents and subcontractors
<br /> 12. LIABILITY LIMTTATION (collectively, the "Indemnitees") from and against any and all
<br /> Claims which any of them may incur or suffer or which may be
<br /> (a)MONTGOMERY WATSON's liability under the provisions of asserted by any person whomscever which azise out of or are in any
<br /> this Agreement or in connecflon with its performance of the Services, way connected with(a)any condidon exisdng at the Project prior to
<br /> whether based upon contract,tort,breach of warranty,professional the commencement of MONTGOMERY WATSON's Services;(b)
<br /> negligence(including errors,omissions or other professional acts)or any release or threat of release,discharge,dispersal or migration of
<br /> otherwise, including but not limited to the liability of Waste Materials, whether same occurs before or after the
<br /> MONTGOMERY WATSON's shareholders, officers, directors, commencement of MONTGOMERY WATSON's Services, or any
<br /> employees,agents,affiliates,professional associates,consultants and generation, treatment, storage, transport or disposal of Waste
<br /> subconhactors and any others acting on its behalf,shall not be limited Materials,or any reporting or failure to report any of the foregoing
<br /> to amounts specified in Paragraph 11. to governmental authorities except to the extent same results from
<br /> the negligent act or willful misconduct of MONTGOMERY
<br /> (b)In no event shall MONTGOMERY WATSON be responsible for WATSON;(c)any Claim for which MONTGOMERY WATSON
<br /> any punirive damages suffered or incurred by CLIENTS as a result expressly has no liability under this Agreement; (d) the negligent
<br /> of this Agreement or MONTGOMERY WATSON's performance or acts or omissions of CLIENTS and their subsidiaries and affiliates
<br /> non-performance of any Services. Any cause of action, suit, and their respective shareholders, officers, directors, employees,
<br /> proceeding,demand or other claim, whether based upon contract, agents, contractors and subcontractors; (e) the operation or
<br /> tort,breach of warranty,professional negligence(including errors, management of the Project by others: or(f�any inaccuracy in any
<br /> omissions or other professional acts)or otherwise(each of which is CLIENTS representadon or warranty or any breach by CLIENTS
<br /> refened to herein as a"CLIENTS Claim"),shall be deemed waived under this Agreement. CLIENTS waive and release any claim
<br /> unless made by CLIENTS in writing and received by against MONTGOMERY WATSON arising from or reladng to any
<br /> MONTGOMERY WATSON (i) with respect to Construction of the foregoing.
<br /> Services,on or before one(1)year after the substantial compledon
<br /> of the Services,and(ii)as to any Services other than Consuucdon 15. TERM OF Tf�AGREEMENT:'TERMINATION:
<br /> Services, on or before the first to occur of(A) six (6) years after SUSPENSION:OR:ABANDONMENT
<br /> MONTGOMERY WATSON's completion of the Services with
<br /> respect to which the CLIENTS Claim is made, or(B)expiration of (a) Except for Work Orders terminated as provided in Pazagraph
<br /> the statue of limitations applicable to the CLIENTS Claim. 15(b), this Agreement shall remain in effect un61 terminated by
<br /> MONTGOMERY WATSON shall be liable for the acts of its either party upon not less than fourteen (14) days prior written
<br /> shazeholders, directors, officers and employees in performing notice. However,such termination shall not be effective as to any
<br /> Services,and CLIENTS waive any CLIENTS Claim they may have Work Order until the Services thereunder are complete and all
<br /> against such individuals personally. Compensation and other amounts due to MONTGOMERY
<br /> WATSON thereunder have been paid.
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