Architect Indemnity Sample Clauses
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Architect Indemnity. 10.1. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, Architect shall indemnify, protect, defend and hold free and harmless the District, its agents, representatives, officers, consultants, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence (active or passive, ordinary or gross), recklessness (ordinary or gross), or willful misconduct of Architect, its directors, officials, officers, employees, contractors, subcontractors, Consultants or agents arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes Architect’s liability as to the active or sole negligence or willful misconduct of the District.
10.2. The following shall be Claims, to the extent they satisfy the definition of Claims herein:
10.2.1. The cost of Project delays. Without limiting Architect’s liability for indirect cost impacts due to Project delays, the direct costs for which the Architect shall be liable shall be proportionate to the amount the District is liable to the Project contractor(s), subcontractor(s), suppliers, inspector(s), construction manager(s) for the Project delays, including the proportionate cost of interim housing necessitated by Project delays, to the extent that the Project delays arise out of, pertain to, relate to or result from the negligent errors or omissions, recklessness, or willful misconduct of Architect in the performance of any Services that falls below the Standard of Care as defined herein.
10.2.2. The cost of construction change orders for errors and omissions. Without limiting Architect’s liability for indirect cost impacts, the direct costs for which the Architect shall be liable shall equal the difference between the cost of the change order(s) and the reasonable cost of the work had that work been a part of the originally prepared construction documents, to the extent that the change order(s) arise out of, pertain to, relate to or result from the negligent...
Architect Indemnity. To the fullest extent permitted by law, the Architect shall indemnify, defend and hold harmless the District and its employees, officers, Board of Trustees, Trustees, agents and representatives (collectively “the Indemnified Parties”) from any and all claims, actions, demands, losses, responsibilities or liabilities for: (i) injury or death of Architect’s employees arising out of this Agreement; (ii) injury or death of persons, damage to property, or (iii) other costs or charges arising out of or attributable, in whole or in part, to the negligent or willful acts, omissions, errors and/or other conduct of Architect, its Design Consultants or the employees, agents and representatives of Architect or any of its Design Consultants in performing or providing any of the obligations, services or other work product contemplated under this Agreement. The foregoing shall include without limitation, reasonable attorneys’ fees and costs incurred by the Indemnified Parties and shall survive the termination of this Agreement until any such claim, demand, loss, responsibility or liability covered by the provisions hereof is barred by the applicable Statute of Limitations.
Architect Indemnity.
10.1. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, Architect shall indemnify, protect, defend and hold free and harmless District, its agents, representatives, officers, consultants, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence (active or passive, ordinary or gross), recklessness (ordinary or gross), or willful misconduct of Architect, its directors, officials, officers, employees, contractors, subcontractors, Consultants or agents arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes Architect’s liability as to the active or sole negligence or willful misconduct of District.
10.2. The following shall be Claims, to the extent they satisfy the definition of Claims herein:
Architect Indemnity. To the maximum extent permitted by law, Architect shall defend, indemnify and hold harmless Indemnitees, from and against all claims, demands, causes of action, losses and expenses, damages, liabilities, costs, liens, judgments or obligations, including, without limitation, attorneys' fees, experts' and consultants' fees, resulting from or in any way caused or contributed to, in whole or in part, by Architect's or Architect's Consultants' negligent performance of professional services under or breach of this Agreement. Such obligations of Architect hereunder shall extend to claims caused or contributed to by the passive negligence of an Indemnitee.
Architect Indemnity. To the fullest extent permitted by law, the Architect shall indemnify, defend and hold harmless the District and its employees, officers, Governing Board of Education, agents and representatives (collectively “the Indemnified Parties”) from any and all claims, actions, demands, losses, responsibilities, expenses (including attorney fees and expert fees) or liabilities for: (i) injury or death of Architect’s employees; (ii) injury or death of any persons, damage to any property, or (iii) other costs or charges to the extent caused by the negligent or willful acts, omissions, errors and/or other actionable conduct of Architect, its Consultants or the employees, agents and representatives of Architect or any of its Consultants in performing or providing any of the obligations, services or other work product contemplated under this Agreement. For claims based on professional liability and notwithstanding the foregoing, Architect has no obligation to provide defense counsel or to pay for any defense related costs prior to a final determination of its liability by a court of last resort (decisions regarding appeal shall lie solely with the District) or upon settlement; following any such determination of its liability, Architect shall be responsible to reimburse the Indemnified Parties as damages for an amount of such reasonable costs equal to the finally determined percentage of liability based upon the comparative fault of the Architect.
Architect Indemnity. To the fullest extent permitted by law and in accordance with the provisions of California Civil Code §2782.8, the Architect shall indemnify, protect, defend and hold harmless the District and its employees, officers, Trustees, agents and representatives (collectively “the Indemnified Parties”) from any and all claims, demands, losses, responsibilities or liabilities for: (i) injury or death of Architect’s employees arising out of this Agreement; (ii) injury or death of persons, damage to property, or other costs or charges, directly or indirectly arising out of, pertaining to, relating to or attributable to, in whole or in part, the negligent, reckless or willful acts, omissions, errors and/or other conduct of Architect, its Sub-Consultants or the employees, agents and representatives of Architect or any of its Sub-Consultants in performing or providing any of the obligations, services or other work product contemplated under this Agreement, but excluding liability as to the active or sole negligence or willful misconduct of the District. The foregoing shall include without limitation, attorneys fees, experts fees and costs, investigation expenses and costs incurred by the District, and any defense afforded pursuant to this paragraph shall be provided by counsel acceptable to the District. The Architect’s obligations hereunder are not limited in any way or by any limitation on the amount or type of damages or compensation payable to the Architect or its Sub-Consultants or their respective agents and employees under applicable policies of insurance, workers’ compensation acts, disability benefits acts, or other employee benefits acts. The provisions of this Article shall apply during the period of Architect’s performance under this Agreement and shall survive the termination of this Agreement until any such claim, demand, loss, responsibility or liability covered by the provisions hereof is barred by the applicable Statute of Limitations.