Common use of Indemnification and Mutual Waiver Clause in Contracts

Indemnification and Mutual Waiver. 8.1 To the fullest extent permitted by law, Engineer shall indemnify and hold harmless the Owner and its officers and employees from claims, costs, losses, and damages (“Losses”) arising out of or relating to the Project, provided that such Losses are attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, but only to the extent caused by the Engineer’s grossly negligent acts or omissions. 8.2 To the fullest extent permitted by law, Owner shall indemnify and hold harmless the Engineer and its officers, directors, employees, and consultants from and against all Losses (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such Losses are attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, but only to the extent arising out of or occurring in connection with the Owner’s, or Owner’s officers, directors, employees, consultants, or others retained by or under contract to the Owner, negligent acts or omissions, willful misconduct, or breach of this Agreement. 8.3 To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other’s employees, officers, directors, insurers, and consultants, any and all claims for or entitlement to special, incidental, indirect, exemplary, enhanced, punitive, or consequential damages, in each case regardless of whether such party was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose. 8.4 In the event Losses or expenses are caused by the joint or concurrent fault of the Engineer and Owner, they shall be borne by each party in proportion to their respective fault, as determined by a mediator or court of competent jurisdiction. 8.5 The Owner acknowledges that the Engineer is a business corporation and not a professional service corporation, and further acknowledges, accepts, and agrees that the Engineer’s officers, directors, and employees shall not be subject to any personal liability for services provided under this Agreement.

Indemnification and Mutual Waiver. 8.1 To the fullest extent permitted by law, Engineer shall indemnify and hold harmless the Owner and its officers and employees from claims, costs, losses, and damages (“Losses”) arising out of or relating to the Project, provided that such Losses claims, costs, losses, or damages are attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, but only to the extent caused by the Engineer’s grossly negligent acts or omissions. 8.2 To the fullest extent permitted by law, Owner shall indemnify and hold harmless the Engineer and its officers, directors, employees, agents and consultants from and against all Losses claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, Project provided that any such Losses claims, costs, losses, or damages are attributable to bodily injury, sickness, disease, or deathdeath of, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, but only to the extent arising out caused by the negligent acts or omissions of Owner or occurring in connection with the Owner’s, or Owner’s its officers, directors, employees, consultants, agents, or others retained by or under contract to the Owner, negligent acts or omissions, willful misconduct, or breach of Owner with respect to this AgreementAgreement and/or to the Project. 8.3 To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other’s employees, officers, directors, insurers, and consultants, any and all claims for or entitlement to special, incidental, indirect, exemplary, enhancedor consequential damages arising out of, punitiveresulting from, or consequential damages, in each case regardless of whether such party was advised of any way related to the possibility of such losses Project or damages or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purposeEngineer’s services. 8.4 In the event Losses claims, losses, damages or expenses are caused by the joint or concurrent fault of the Engineer and Owner, they shall be borne by each party in proportion to their respective fault, as determined by a mediator or court of competent jurisdiction. 8.5 The Owner acknowledges that the Engineer is a business corporation and not a professional service corporation, and further acknowledges, accepts, and agrees that the Engineer’s officers, directors, and employees shall not be subject to any personal liability for services provided under this Agreement.

Indemnification and Mutual Waiver. 8.1 To the fullest extent permitted by law, Engineer ENGINEER shall indemnify and hold harmless the Owner TOWN and its officers and employees from claims, costs, losses, and damages (“Losses”) arising out of or relating to the Project, provided that such Losses claims, costs, losses, or damages are attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, but only to the extent caused by the EngineerENGINEER’s grossly negligent acts or omissions. 8.2 To the fullest extent permitted by law, Owner . TOWN shall indemnify and hold harmless the Engineer ENGINEER and its officers, directors, employees, and consultants employees or agents from and against all Losses claims, costs, losses, and damages (including but not limited to all fees and charges of engineersENGINEER’s, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, a specific Project provided that any such Losses claims, costs, losses, or damages are attributable to bodily injury, sickness, disease, or deathdeath of, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, but only to the extent arising out caused by the negligent acts or omissions of TOWN or occurring in connection with the Owner’s, or Owner’s its officers, directors, employees, consultantsENGINEER’s, agents, or others retained by or under contract to the Owner, negligent acts or omissions, willful misconduct, or breach of TOWN with respect to this Agreement. 8.3 Agreement and/or to the Project. To the fullest extent permitted by law, Owner TOWN and Engineer ENGINEER waive against each other, and the other’s employees, officers, directors, insurers, and consultantssubcontractors, any and all claims for or entitlement to special, incidental, indirect, exemplary, enhancedor consequential damages arising out of, punitiveresulting from, or consequential damages, in each case regardless of whether such party was advised of any way related to the possibility of such losses Project or damages or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose. 8.4 ENGINEER’s services. In the event Losses claims, losses, damages or expenses are caused by the joint or concurrent fault of the Engineer ENGINEER and OwnerTOWN, they shall be borne by each party in proportion to their respective fault, as determined by a mediator or court of competent jurisdiction. 8.5 The Owner acknowledges that the Engineer is a business corporation and not a professional service corporation, and further acknowledges, accepts, and agrees that the Engineer’s officers, directors, and employees shall not be subject to any personal liability for services provided under this Agreement.

Indemnification and Mutual Waiver. 8.1 To the fullest extent permitted by law, Engineer shall indemnify and hold harmless the Owner City and its officers and employees from claims, costs, losses, and damages (“Losses”) arising out of or relating to the Project, provided that such Losses claims, costs, losses, or damages are attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, but only to the extent caused by the Engineer’s grossly negligent acts or omissions. 8.2 To the fullest extent permitted by law, Owner City shall indemnify and hold harmless the Engineer and its officers, directors, employees, agents and consultants from and against all Losses claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, Project provided that any such Losses claims, costs, losses, or damages are attributable to bodily injury, sickness, disease, or deathdeath of, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, but only to the extent arising out caused by the negligent acts or omissions of City or occurring in connection with the Owner’s, or Owner’s its officers, directors, employees, consultants, agents, or others retained by or under contract to the Owner, negligent acts or omissions, willful misconduct, or breach of City with respect to this AgreementAgreement and/or to the Project. 8.3 To the fullest extent permitted by law, Owner City and Engineer waive against each other, and the other’s employees, officers, directors, insurers, and consultants, any and all claims for or entitlement to special, incidental, indirect, exemplary, enhancedor consequential damages arising out of, punitiveresulting from, or consequential damages, in each case regardless of whether such party was advised of any way related to the possibility of such losses Project or damages or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purposeEngineer’s services. 8.4 In the event Losses claims, losses, damages or expenses are caused by the joint or concurrent fault of the Engineer and OwnerCity, they shall be borne by each party in proportion to their respective fault, as determined by a mediator or court of competent jurisdiction. 8.5 The Owner City acknowledges that the Engineer is a business corporation and not a professional service corporation, and further acknowledges, accepts, and agrees that the Engineer’s officers, directors, and employees shall not be subject to any personal liability for services provided under this Agreement.

Indemnification and Mutual Waiver. 8.1 7.12.1 To the fullest extent permitted by law, Engineer shall indemnify and hold harmless the Owner and its officers and employees from reasonable claims, costs, losses, and damages (“Losses”) arising out of Engineer's negligent act or relating to the Project, omission of Engineer from services performed under this Agreement provided that any such Losses are claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible propertyproperty (other than the Work itself), including the loss of use resulting therefrom. It is specifically understood and agreed that in no case shall the Engineer be required to pay an amount disproportional to Engineer's culpability, but only or any share of any amount levied to the extent caused by the Engineer’s grossly negligent acts or omissionsrecognize more than actual economic damages. 8.2 7.12.2 Owner shall indemnify and hold harmless Engineer as required by Laws and Regulations. 7.12.3 To the fullest extent permitted by law, Owner shall indemnify and hold harmless the Engineer and its officers, directors, employees, and consultants from and against any and all Losses (including but not limited to all fees and charges of engineersclaims, architectscosts, attorneyslosses, and other professionalsdamages caused by, and all courtarising out of, arbitrationrelating to, or other dispute resolution costs) arising out resulting from a Constituent of Concern at, on, or relating to under the ProjectSite, provided that that (1) any such Losses are claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible propertyproperty (other than the Work itself), including the loss of use resulting therefrom, but only and (2) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. 7.12.4 In the event of joint or concurrent negligence of Engineer and Owner each shall bear that portion of the loss or expense that its share of the joint or concurrent negligence bears to the extent arising out total negligence (including that of third parties) which caused the personal injury or occurring in connection with the Owner’s, or Owner’s officers, directors, employees, consultants, or others retained by or under contract property damage. 7.12.5 The Owner shall not be liable to the Owner, negligent acts or omissions, willful misconduct, or breach of this Agreement. 8.3 To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other’s employees, officers, directors, insurers, and consultants, Engineer shall not be liable to the Owner for any and all claims for or entitlement to special, incidental, indirect, exemplary, enhanced, punitive, incidental or consequential damages, in each case regardless including, but not limited to, loss of whether such use and loss of profit, incurred by either party was advised of due to the possibility of such losses or damages or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose. 8.4 In the event Losses or expenses are caused by the joint or concurrent fault of the Engineer and other, regardless of the nature of this fault, or whether it was committed by the Owner, they or the Engineer or their employees, agents or subcontractors. 7.12.6 Nothing in the provisions of Section 7.12 is intended or shall be borne construed to waive any sovereign immunity protections provided by each party in proportion to their respective fault, the Owner as determined by a mediator or court governmental subdivision of competent jurisdictionthe State of Texas under laws of the State of Texas. 8.5 The Owner acknowledges that the Engineer is a business corporation and not a professional service corporation, and further acknowledges, accepts, and agrees that the Engineer’s officers, directors, and employees shall not be subject to any personal liability for services provided under this Agreement.

Indemnification and Mutual Waiver. 8.1 7.1 To the fullest extent permitted by law, Engineer shall indemnify and hold harmless the Owner and its officers and employees from claims, costs, losses, and damages (“Losses”) arising out of or relating to the Project, provided that such Losses claims, costs, losses, or damages are attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, but only to the extent caused by the Engineer’s grossly negligent acts or omissions. 8.2 To the fullest extent permitted by law, 7.2 Owner shall indemnify and hold harmless the Engineer and its officers, directors, employees, agents and consultants from and against all Losses claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, Project provided that any such Losses claims, costs, losses, or damages are attributable to bodily injury, sickness, disease, or deathdeath of, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, but only to the extent arising out caused by the negligent acts or omissions of Owner or occurring in connection with the Owner’s, or Owner’s its officers, directors, employees, consultants, agents, or others retained by or under contract to the Owner, negligent acts or omissions, willful misconduct, or breach of Owner with respect to this AgreementAgreement and/or to the Project. 8.3 7.3 To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other’s employees, officers, directors, insurers, and consultants, any and all claims for or entitlement to special, incidental, indirect, exemplary, enhancedor consequential damages arising out of, punitiveresulting from, or consequential damages, in each case regardless of whether such party was advised of any way related to the possibility of such losses Project or damages or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purposeEngineer’s services. 8.4 7.4 In the event Losses claims, losses, damages or expenses are caused by the joint or concurrent fault of the Engineer and Owner, they shall be borne by each party in proportion to their respective fault, as determined by a mediator or court of competent jurisdiction. 8.5 7.5 The Owner acknowledges that the Engineer is a business corporation and not a professional service corporation, and further acknowledges, accepts, and agrees that the Engineer’s officers, directors, and employees shall not be subject to any personal liability for services provided under this Agreement.