Architect’s Obligation. The Parties acknowledge the applicability of California Civil Code § 2782.8 to design professional services to be performed by a design professional, as that term is defined under said section 2782.8. Contractual provisions, clauses, covenants, or agreements not expressly prohibited under California Civil Code § 2782.8 are reserved to the agreement of the parties. Architect shall, to the fullest extent permitted by law, indemnify, defend (with counsel acceptable to the City) and hold harmless City, and its employees, officials, and agents ("Indemnified Parties") from and against any and all losses, claims, damages, costs and liability arising out of any personal injury, loss of life, damage to property, or any violation of any federal, state, or municipal law or ordinance, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Architect, its officers, employees, agents, sub-consultants or subcontractors in performance of professional services under this Agreement, excepting only liability arising from the negligence, active negligence or intentional misconduct of City. Architect’s duty to defend noted in the above paragraph shall apply whether or not such claims, allegations, lawsuits or other proceedings have merit or are meritless. The Architect’s obligations under this Section of the Agreement shall survive the termination of the Agreement and the completion of the performance of the work required by the Agreement.
Architect’s Obligation. It is the obligation of the Architect and its Subconsultants to design the Project for a total sum of Construction Costs that does not exceed the Fixed Limit by more than ten percent (10%) of the Fixed Limit as adjusted in accordance with Paragraph 2.3.4, below.
Architect’s Obligation. Architect shall, to the fullest extent permitted by law, indemnify, defend (with counsel acceptable to the City) and hold harmless City, and its employees and officials, ("Indemnified Parties") from and against any and all losses, claims, damages, costs and liability arising out of any personal injury, loss of life, damage to property, or any violation of any federal, state, or municipal law or ordinance, but only to the extent determined to have been caused by negligence, recklessness, or willful misconduct of Architect, its officers, employees, agents, Consultants or subcontractors in performance of professional services under this Agreement. The Architect’s obligations under this Section of the Agreement shall survive the termination of the Agreement and the completion of the performance of the work required by the Agreement.
