Indemnification by Architect Clause Samples
The "Indemnification by Architect" clause requires the architect to compensate or protect the client from losses, damages, or legal claims arising from the architect's actions or omissions during the project. Typically, this means if the architect's negligence, errors, or failure to meet contractual obligations result in third-party claims or financial harm to the client, the architect is responsible for covering those costs. This clause serves to allocate risk by ensuring that the architect bears responsibility for their own professional conduct, thereby protecting the client from potential liabilities linked to the architect's work.
Indemnification by Architect. Architect will, at its expense, indemnify, defend and hold harmless Customer and its officers, directors, employees, contractors, agents, representatives, successors and assigns from and against any and all losses, damages, claims, demands, costs or expenses (including reasonable attorneys' fees) suffered or incurred by any of them arising out of any claim by a third party that the Service as provided by Architect infringes any intellectual property rights of such third party. The foregoing obligation does not apply if the claim arises from (i) any Third-Party Services; (ii) Customer’s breach of this Agreement;
Indemnification by Architect. To the fullest extent permitted by Laws and Regulations, Architect shall indemnify and hold harmless Owner, and Owner’s officers, directors, members, partners, agents, and employees, and FloridaCommerce, from losses, damages, and judgments (including reasonable consultants’ and attorneys’ fees and expenses) arising from third-party claims or actions relating to the Project, (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Architect or Architect’s officers, directors, members, partners, agents, employees, Subconsultants, or Architect’s Subcontractors. § 8.2 Mediation
§ 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
§ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.
§ 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlemen...
Indemnification by Architect