Common use of RESPONSIBILITY FOR THE WORK Clause in Contracts

RESPONSIBILITY FOR THE WORK. To the extent the Work does not require MBTA supervision, the Work shall be conducted under the exclusive direction and control of the Producer, who is solely responsible for determining the scope and manner of the Work. Any knowledge that the MBTA acquires regarding the Work shall not make the MBTA responsible or liable for errors, acts or omissions in the Work. Notwithstanding the foregoing to the contrary and without limiting the generality of the foregoing, the MBTA and the Producer acknowledge that the MBTA possesses knowledge of portions of the Work that will require the Producer to use, alter, and modify the Property in the ways specified on Exhibit B, which shall in no way make the MBTA responsible or liable for errors, acts, or omissions in the Work. Except for the portions of the Work specified in Exhibit B, the MBTA shall neither have control nor charge of means, methods, techniques, sequences, procedures, safety precautions or programs implemented in connection with the Work, and MBTA shall not be responsible for the acts or omissions of Producer, its employees, agents, independent producers, contractors and suppliers, or any other person performing any of the Work and for which Producer is legally liable. Producer shall indemnify absolutely the MBTA in the event of the MBTA becoming liable in any dispute related in any way to Producer’s presence in or around the Property, except to the extent that such liability is the result of the gross negligence or willful misconduct of the MBTA.