Common use of Liability for Damages Clause in Contracts

Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability due to the negligence of the consultant, including attorneys’ fees. CONSULTANT shall be knowledgeable and fully informed of all national and state laws and all municipal ordinances and regulations in effect as of the time of the contract affecting the work or performance under this Agreement, and shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability, including attorney's fees, arising from or based on the negligent or willful violation by the CONSULTANT of any such laws, regulations or ordinances. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contract. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and any employees of it from and against all claims damages, losses, liabilities, and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent that such claim, damage, loss or expense is caused in whole or in part by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: City of Fishers Attn: Director of Engineering Xxx Xxxxxxxxx Xxxxx Xxxxxxx, XX 00000 The CONSULTANT'S indemnity obligations shall survive the completion, cancellation or early termination of the Agreement.

Appears in 5 contracts

Samples: Local Funded, Local Funded, Local Funded

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Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA XXXXX nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability due to the negligence of the consultant, including attorneys’ fees. CONSULTANT shall be knowledgeable and fully informed of all national and state laws and all municipal ordinances and regulations in effect as of the time of the contract affecting the work or performance under this Agreement, and shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability, including attorney's fees, arising from or based on the negligent or willful violation by the CONSULTANT of any such laws, regulations or ordinances. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contract. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and any employees of it from and against all claims damages, losses, liabilities, and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent that such claim, damage, loss or expense is caused in whole or in part by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: City of Fishers Attn: Director of Engineering Xxx Xxxxxxxxx Xxxxx Xxxxxxx, XX 00000 The CONSULTANT'S indemnity obligations shall survive the completion, cancellation or early termination of the Agreement.

Appears in 2 contracts

Samples: Local Funded, Local Funded

Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA XXXXX nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability due to the negligence of the consultant, including attorneys’ fees. CONSULTANT shall be knowledgeable and fully informed of all national and state laws and all municipal ordinances and regulations in effect as of the time of the contract affecting the work or performance under this Agreement, and shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability, including attorney's fees, arising from or based on the negligent or willful violation by the CONSULTANT of any such laws, regulations or ordinances. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contract. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and any employees of it from and against all claims damages, losses, liabilities, and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent that such claim, damage, loss or expense is caused in whole or in part by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: City Town of Fishers Attn: Director of Engineering Xxx Xxxxxxxxx Xxxxx Xxxxxxx, XX 00000 The CONSULTANT'S indemnity obligations shall survive the completion, cancellation or early termination of the Agreement.

Appears in 2 contracts

Samples: Local Funded, Local Funded

Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability due to the negligence of the consultant, including attorneys’ fees. CONSULTANT shall be knowledgeable and fully informed of all national and state laws and all municipal ordinances and regulations in effect as of the time of the contract affecting the work or performance under this Agreement, and shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability, including attorney's fees, arising from or based on the negligent or willful violation by the CONSULTANT of any such laws, regulations or ordinances. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contract. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and any employees of it from and against all claims claims, damages, losses, liabilities, losses and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent that such claim, damage, loss or expense is caused in whole or in part by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: City of Fishers Attn: Director of Engineering Xxx Xxxxxxxxx Xxxxx Xxxxxxx, XX 00000 The CONSULTANT'S indemnity obligations shall survive the completion, cancellation or early termination of the Agreement.

Appears in 2 contracts

Samples: Local Funded, Local Funded

Liability for Damages. CONSULTANT agrees to take The owner and his vessel, jointly and severally, shall be legally liable for all necessary precautions for damages sustained by Xxxxxx xxxxxxx in any way from the safety ofoperation of the vessel, the docking of the vessel, the securing of the vessel, and the prevention of injury, loss all acts or death to its employees and agents on or off omissions of the project site owner, his agents, employees, guests, invitees, and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreementsubcontractors. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY Xxxxxx shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor liable for any injury, death personal injury or property damage to the contractorLicensee or to the Licensee’s agents, subcontractor employees, relatives or their employees and/or agents arising guests that may arise out of an accident the uses of slip/space and facilities or incident which may occur incidental to the construction any handling, moving, or storage of the projectvessel. CONSULTANT The Licensee and vessel will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability due to the negligence of the consultant, including attorneys’ fees. CONSULTANT shall be knowledgeable and fully informed of all national and state laws and all municipal ordinances and regulations in effect as of the time of the contract affecting the work or performance under this Agreement, and shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability, including attorney's fees, arising from or based on the negligent or willful violation by the CONSULTANT of any such laws, regulations or ordinances. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contract. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCYMarina from any costs, expenses, damages, and claims due to personal injury, illness, death, injury to others, any employees type of it from and against all claims damagesloss due to damage, lossesfire, liabilitiestheft, and expensescollision, including, but not limited to, reasonable attorney's fees and/or sinking arising out of or resulting from the negligent performance use of the services under this contractspace or facilities, to the extent that where such claim, damage, loss injury or expense damage is caused in whole or in part any part, regardless of how slight, by the CONSULTANTactions or omissions of the Licensee, his subcontractorsLicensee’s agents, anyone directly employees, relatives, or indirectly employed by guests. A violation of this Agreement, including any of themthe Rules and Regulations, that violates Local, State or anyone for whose acts any of them may be liableFederal Law shall subject the Licensee to Local, State and Federal laws. Such obligation Licensee shall not be construed to negateindemnify and hold the Marina harmless from all claims, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as obligations, and losses, including reasonable attorney fees charged to the status Marina, arising in any way from such violation or the defense of any claims made for damages against alleged violations of Local, State and Federal laws or satisfying any sanctions imposed pursuant to the CONSULTANT resulting from services performed under this contractsame. The CONSULTANT shall send notice of claims related to work under this contract to: City of Fishers Attn: Director of Engineering Xxx Xxxxxxxxx Xxxxx Xxxxxxx, XX 00000 The CONSULTANT'S Licensee’s indemnity obligations shall survive the completion, cancellation or early termination expiration of this Agreement and the term of the License. The owners of each vessel in or at the Marina are deemed to have appointed the Marina as his agent with authority to take all actions reasonably necessary to preserve and maintain the Marina facilities and such vessel, in that order or priority, in the event of a storm or other weather event. There will be a charge for equipment and services rendered due to storm preparation for individual vessels that are improperly secured. Licensee authorizes the Marina to have necessary emergency repairs made which will be charged to the Licensee and must be paid within thirty (30) days after billing. Licensee agrees to reimburse the Marina for any and all costs it incurs on behalf of Licensee’s vessel in emergency situations at the Marina’s standard charge rates (which include rates at 150% during afterhours). NO WAIVER: Waiver of any condition of this Agreement, including the Rules and Regulations, by the Marina shall not be deemed to be a continuing waiver. HEADINGS: The headings and subheadings herein are inserted for convenience of reference only and are not to be used in construing this instrument or any provision thereof.

Appears in 1 contract

Samples: Acknowledgement and Assent

Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor for any 201301895 injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability due to the negligence of the consultant, including attorneys’ fees. CONSULTANT shall be knowledgeable and fully informed of all national and state laws and all municipal ordinances and regulations in effect as of the time of the contract affecting the work or performance under this Agreement, and shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability, including attorney's fees, arising from or based on the negligent or willful violation by the CONSULTANT of any such laws, regulations or ordinances. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contract. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and any employees of it from and against all claims damages, losses, liabilities, and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent that such claim, damage, loss or expense is caused in whole or in part by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently 201301895 advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: City of Fishers Attn: Director of Engineering Xxx Xxxxxxxxx Xxxxx Xxxxxxx, XX 00000 The CONSULTANT'S indemnity obligations shall survive the completion, cancellation or early termination of the Agreement.

Appears in 1 contract

Samples: Local Funded

Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability due to the negligence of the consultant, including attorneys’ fees. CONSULTANT shall be knowledgeable and fully informed of all national and state laws and all municipal ordinances and regulations in effect as of the time of the contract affecting the work or performance under this Agreement, and shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability, including attorney's fees, arising from or based on the negligent or willful violation by the CONSULTANT of any such laws, regulations or ordinances. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contract. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and any employees of it from and against all claims damages, losses, liabilities, and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent that such claim, damage, loss or expense is caused in whole or in part by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: City of Fishers Attn: Director of Engineering Xxx Xxxxxxxxx Xxxxx Xxxxxxx, XX 00000 The CONSULTANT'S indemnity obligations shall survive the completion, cancellation or early termination of the Agreement.Fishers

Appears in 1 contract

Samples: Local Funded

Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will apply the reasonable standard of care to comply with applicable laws in effect at the time the services are performed hereunder, which to be responsible in full or in part for the actions best of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' actionits knowledge, directioninformation, or approvaland belief, apply to its obligations under this Agreement. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents officers and employees against any claim or liability to the extent caused by a negligent act by the CONSULTANT. CONSULTANT assumes all risk of loss, damage or destruction to CONSULTANT'S work, all of his materials, tools, appliances and property of every description, and of injury to or deaths of CONSULTANT or his employees arising out of or in connection with the performance of this Agreement, including that which occurs due to the negligence of the consultant, including attorneys’ fees. CONSULTANT shall be knowledgeable and fully informed of all national and state laws and all municipal ordinances and regulations in effect as of the time of the contract affecting the work acts or performance under this Agreement, and shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability, including attorney's fees, arising from or based on the negligent or willful violation by the CONSULTANT failure to act of any such lawsthird party, regulations or ordinances. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of than that which is solely caused by the LOCAL PUBLIC AGENCY or consultants retained caused solely by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contractthird party. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and AGENCY from any employees of it from and against all claims damages, losses, liabilities, and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent that such claim, damage, loss or expense is caused in whole or in part act by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: LPA CONTACT INFO: Xxxxxxxxx Nail, PE City of Fishers Attn: Director of Engineering Xxx Xxxxxxxxx Xxxxx XxxxxxxEngineer 0000 X 000xx Xxxxxx Xxxxxxxxx, XX 00000 000-000-0000 xxxxx@xxxxxxxxx.xx.xxx The CONSULTANT'S indemnity obligations shall survive the completion, cancellation cancellation, or early termination of the Agreement.

Appears in 1 contract

Samples: Agreement

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Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability due to the negligence of the consultant, including attorneys’ fees. CONSULTANT shall be knowledgeable and fully informed of all national and state laws and all municipal ordinances and regulations in effect as of the time of the contract affecting the work or performance under this Agreement, and shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability, including attorney's fees, arising from or based on the negligent or willful violation by the CONSULTANT of any such laws, regulations or ordinances. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contract. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and any employees of it from and against all claims damages, losses, liabilities, and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent that such claim, damage, loss or expense is caused in whole or in part by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: City Town of Fishers Attn: Director of Engineering Xxx Xxxxxxxxx Xxxxx Xxxxxxx, XX 00000 The CONSULTANT'S indemnity obligations shall survive the completion, cancellation or early termination of the Agreement.

Appears in 1 contract

Samples: Local Funded

Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will apply the reasonable standard of care to comply with applicable laws in effect at the time the services are performed hereunder, which to be responsible in full or in part for the actions best of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' actionits knowledge, directioninformation, or approvaland belief, apply to its obligations under this Agreement. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents officers and employees against any claim or liability to the extent caused by a negligent act by the CONSULTANT. CONSULTANT assumes all risk of loss, damage or destruction to CONSULTANT'S work, all of his materials, tools, appliances and property of every description, and of injury to or deaths of CONSULTANT or his employees arising out of or in connection with the performance of this Agreement, including that which occurs due to the negligence of the consultant, including attorneys’ fees. CONSULTANT shall be knowledgeable and fully informed of all national and state laws and all municipal ordinances and regulations in effect as of the time of the contract affecting the work acts or performance under this Agreement, and shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability, including attorney's fees, arising from or based on the negligent or willful violation by the CONSULTANT failure to act of any such lawsthird party, regulations or ordinances. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of than that which is solely caused by the LOCAL PUBLIC AGENCY or consultants retained caused solely by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contractthird party. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and AGENCY from any employees of it from and against all claims damages, losses, liabilities, and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent that such claim, damage, loss or expense is caused in whole or in part act by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: LPA CONTACT INFO: Xxxxxxxxx Xxxx, PE City of Fishers Attn: Director of Engineering Xxx Xxxxxxxxx Xxxxx XxxxxxxEngineer 0000 X 000xx Xxxxxx Xxxxxxxxx, XX 00000 000-000-0000 xxxxx@xxxxxxxxx.xx.xxx The CONSULTANT'S indemnity obligations shall survive the completion, cancellation cancellation, or early termination of the Agreement.

Appears in 1 contract

Samples: Agreement

Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability due to the negligence of the consultant, including attorneys’ fees. CONSULTANT shall be knowledgeable and fully informed of all national and state laws and all municipal ordinances and regulations in effect as of the time of the contract affecting the work or performance under this Agreement, and shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability, including attorney's fees, arising from or based on the negligent or willful violation by the CONSULTANT of any such laws, regulations or ordinances. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contract. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and any employees of it from and against all claims damages, losses, liabilities, and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent that such claim, damage, loss or expense is caused in whole or in part by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: City of Fishers Attn: Director of Engineering Planning & Zoning Xxx Xxxxxxxxx Xxxxx Xxxxxxx, XX 00000 The CONSULTANT'S indemnity obligations shall survive the completion, cancellation or early termination of the Agreement.

Appears in 1 contract

Samples: Local Funded

Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA XXXXX nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability due to the negligence of the consultant, including attorneys’ fees. CONSULTANT shall be knowledgeable and fully informed of all national and state laws and all municipal ordinances and regulations in effect as of the time of the contract affecting the work or performance under this Agreement, and shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability, including attorney's fees, arising from or based on the negligent or willful violation by the CONSULTANT of any such laws, regulations or ordinances. Consultant shall have an affirmative duty CONSULTANT assumes all risk of loss, damage or destruction to advise CONSULTANT'S work, all of his materials, tools, appliances and property of every description, and of injury to or deaths of CONSULTANT or his employees or agents arising out of or in connection with the LOCAL PUBLIC AGENCY performance of this Agreement, including that which occurs due to the acts or failure to act of any known or obvious errorsthird party, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of than that which is solely caused by the LOCAL PUBLIC AGENCY or consultants retained caused solely by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contractthird party. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and any employees of it from and against all claims claims, damages, losses, liabilities, losses and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent provided that such claim, damage, loss or expense is caused in whole or in part by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: City of Fishers Noblesville – Department of Engineering 00 X. 00xx Xxxxxx Suite 155 Noblesville, IN 46060 Attn: Director of Engineering Xxx Xxxxxxxxx Xxxxx XxxxxxxXx. Xxxx Xxxxx, XX 00000 PE City Engineer The CONSULTANT'S indemnity obligations shall survive the completion, cancellation or early termination of the Agreement.

Appears in 1 contract

Samples: Engineering Agreement

Liability for Damages. Neither the professional activities of the CONSULTANT, nor the presence of the CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on subconsultants at a construction/project site, shall relieve the General Contractor of its obligations, duties, and responsibilities, including but not limited to, construction means, methods, sequence, techniques, or off of procedures necessary for performing, superintending, and coordinating the project site and to comply Work in accordance with the provisions of contract documents and any health or safety laws, rules, ordinances, regulations precautions required by any regulatory agencies. The CONSULTANT and orders of duly constituted public authorities applicable its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. The LOCAL PUBLIC AGENCY agrees that the General Contractor shall be solely responsible for jobsite safety and agents and to CONSULTANT'S performance of its services under warrants that this Agreement. Provided, however, the CONSULTANT and intent shall be carried out in the LOCAL PUBLIC AGENCY's contract with the General Contractor. The LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify also agrees that the LOCAL PUBLIC AGENCY, its officersthe CONSULTANT, agents and employees against any claim or the CONSULTANT's subconsultants shall be indemnified by the General Contractor and shall be made additional insureds under the General Contractor's policies of general liability due to the negligence of the consultant, including attorneys’ feesinsurance on a primary and non-contributory basis. The CONSULTANT shall be knowledgeable and fully informed of all applicable national and state laws and all municipal ordinances and regulations in effect as of the time of the contract affecting the work CONSULTANT's services or performance under this Agreement, and shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents agents, and employees employees, against any claim or liability, including reasonable attorney's fees, arising from or based on the negligent or willful violation by the CONSULTANT of any such laws, regulations or ordinances. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contractordinances. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, AGENCY and any employees of it from and against all claims damages, losses, liabilities, and expenses, including, including but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services performed under this contractAgreement, to the extent that such claim, damage, loss loss, or expense is caused in whole or in part by the negligent acts or omissions of CONSULTANT, his subcontractorsits subconsultants, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge abridge, or reduce other rights or obligations of indemnities which that would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contractAgreement. The CONSULTANT shall send notice of claims related to work services performed under this contract Agreement to: Xxxxx Xxxx, AICP City of Fishers Attn: Director Noblesville I Department of Engineering Xxx Xxxxxxxxx Planning and Development 00 Xxxxx Xxxxxxx00xx Xxxxxx, XX 00000 Xxxxx 000 Noblesville, Indiana 46060 The CONSULTANT'S 's indemnity obligations shall survive the completion, cancellation cancellation, or early termination of the Agreement.

Appears in 1 contract

Samples: Local Funded Engineering Agreement

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