Common use of Underground Utilities Clause in Contracts

Underground Utilities. If included as a Service under this Agreement, Xxxxxxxxx or its authorized consultant will conduct research in Xxxxxxxxx’x or the consultant’s professional opinion is necessary, and will prepare a plan indicating the locations intended for subsurface penetrations with respect to assumed locations of underground improvements. These Services will be performed in a manner consistent with the ordinary standard of care. Client recognizes the research may not identify all underground improvements or their locations, and the information upon which Xxxxxxxxx and the consultant rely may contain errors or may not be complete. Client agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless Xxxxxxxxx and its agents, officers, directors, contractors and consultants from all liability (including reasonable attorneys’ fees and court costs) of Client, its contractors or all other persons for delay or additional compensation relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by Xxxxxxxxx. E N GI N E ER I N G ⁄ L A N D SC A P E A R C H I TE C TU R E ⁄ SU R V E XX X X 00 0 X. Xxxxxxxx Ave., Suite 10 0 , Sioux Falls, SD 5710 4 stockw elleng xxxxxx.xxx ⁄ 60 5.338.6668

Underground Utilities. If included as a Service under this Agreement, Xxxxxxxxx or its authorized consultant will conduct research in Xxxxxxxxx’x or the consultant’s professional opinion is necessary, and will prepare a plan indicating the locations intended for subsurface penetrations with respect to assumed locations of underground improvements. These Services will be performed in a manner consistent with the ordinary standard of care. Client recognizes the research may not identify all underground improvements or their locations, and the information upon which Xxxxxxxxx and the consultant rely may contain errors or may not be complete. Client agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless Xxxxxxxxx and its agents, officers, directors, contractors and consultants from all liability (including reasonable attorneys’ fees and court costs) of Client, its contractors or all other persons for delay or additional compensation relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by Xxxxxxxxx. E N GI N E ER I N G ⁄ L A N D SC A P E A R C H I TE C TU R E ⁄ SU R V E XX X X 00 0 X. Xxxxxxxx Ave., Suite 10 0 , Sioux Falls, SD 5710 4 stockw elleng xxxxxx.xxx ⁄ 60 5.338.66685.338.6668 P a g e 2 | 2

Underground Utilities. If included as a Service under this Agreement, Xxxxxxxxx or its authorized consultant will conduct research in Xxxxxxxxx’x or the consultant’s professional opinion is necessary, and will prepare a plan indicating the locations intended for subsurface penetrations with respect to assumed locations of underground improvements. These Services will be performed in a manner consistent with the ordinary standard of care. Client recognizes the research may not identify all underground improvements or their locations, and the information upon which Xxxxxxxxx and the consultant rely may contain errors or may not be complete. Client agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless Xxxxxxxxx and its agents, officers, directors, contractors and consultants from all liability (including reasonable attorneys’ fees and court costs) of Client, its contractors or all other persons for delay or additional compensation relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by Xxxxxxxxx. E N GI N E ER I N G ⁄ L A N D SC A P E A R C H I TE C TU R E ⁄ SU R V E XX X X 00 0 X. Xxxxxxxx Ave., Suite 10 0 , Sioux Falls, SD 5710 4 stockw elleng xxxxxx.xxx ⁄ 60 5.338.66685.338.6668 P a g e 2 | 2 REsUMEs