Common use of CONSULTANT LIABILITY Clause in Contracts

CONSULTANT LIABILITY. To the fullest extent permitted by law, the CONSULTANT shall indemnify and save harmless the State, any municipality in which the work is being performed, and/or any public benefit corporation, railroad, or public utility whose property or facilities are affected by the work, from suits, claims, actions, damages and costs, of every name and description arising from the work under its contract during its prosecution and until the final acceptance thereof. The CONSULTANT and any assigns, heirs, or successors in interest shall also indemnify and save harmless, to the fullest extent permitted by law, the consultant inspecting engineer or inspector working for the State relative to the project from suits, claims, actions, damages and costs involving personal injury and property damage arising from the CONSULTANT’s work under the contract during its prosecution and until the final acceptance thereof. The State may retain such monies from the amount due the CONSULTANT as may be necessary to satisfy any claim for damages recovered against the State, any municipality in which the work is being performed, and/or any public benefit corporation, railroad or public utility whose property or facilities are affected by the work or consultant inspecting engineers or inspectors working for the State relative to the project. The CONSULTANT’s obligation under this paragraph shall not be deemed waived by the failure of the State to retain the whole or any part of such monies due the CONSULTANT, nor where such suit, action, damages and/or costs have not been resolved or determined prior to release of any monies to the CONSULTANT under the contract, nor shall such obligation be deemed limited or discharged by the enumeration or procurement of any insurance for liability for damages imposed by law upon the CONSULTANT, SubCONSULTANT or the State, any municipality in which the work is being performed, and/or any public benefit corporation, railroad or public utility whose property or facilities are affected by the work, or any consultants working for the State. The CONSULTANT has the obligation, at its own expense, for the defense of any action or proceeding which may be brought against the parties specified in this Section. This obligation shall include the cost of attorneys’ fees, disbursements, costs and other expenses incurred in connection with such action or proceeding. Such obligation does not extend to those suits, actions, damages and costs of every name that arise out of the sole negligence of the State, any municipality in which the work is being performed, and/or any public benefit corporation, railroad or public utility whose property or facilities are affected by the contract work, or any consultants working for the State, their agents or employees, relative to the construction, alteration, or repair or maintenance of a building, highway or structure and appurtenances and appliances thereof including moving, demolition and excavating connected therewith.

CONSULTANT LIABILITY. To the fullest extent permitted permissible by law, the CONSULTANT CONSUTLANT shall indemnify and save harmless the StateSTATE, and any municipality in which the work is being performedmunicipality, and/or any public benefit corporation, railroad, or and/or public utility whose property or facilities are affected by the work, from suitssuites, claims, actions, damages and costs, of every name and description arising from the work under its contract during its prosecution and until the final acceptance thereof. The CONSULTANT and any assigns, heirs, or successors in interest shall also indemnify and save harmless, to the fullest extent permitted by law, the consultant inspecting engineer or inspector working for the State STATE relative to the project PROJECT from suits, claims, actions, damages and costs involving personal injury and property damage arising from the CONSULTANT’s ’S work under the contract CONTRACT during its prosecution and until the final acceptance thereof. The State STATE may retain such monies from the amount due the CONSULTANT as may be necessary to satisfy any claim for damages recovered against the StateSTATE, any municipality in which the work is being performed, and/or any public benefit corporation, railroad railroad, or public utility whose property or facilities are affected by the work or consultant inspecting engineers or inspectors working for the State STATE relative to the projectPROJECT. The CONSULTANT’s ’S obligation under this paragraph shall not be deemed waived by the failure of the State STATE to retain the whole or any part of such monies due the CONSULTANT, nor where such suit, action, damages and/or costs have not been resolved or determined prior to release of any monies to the CONSULTANT under the contractCONTRACT, nor shall such obligation be deemed limited or discharged by the enumeration or procurement of if any insurance for liability for damages imposed by law upon the CONSULTANT, SubCONSULTANT Subconsultant or the State, any municipality in which the work is being performed, and/or any public benefit corporation, railroad railroad, or public utility whose property or facilities are affected by the work, or for any consultants working for the StateSTATE. It is understood by the STATE and the CONSULTANT that the CONSULTANT’S Professional Liability/Errors and Omissions Policy required in the Article 13 -Insurance of this CONTRACT shall be utilized for claims involving the CONSULTANT’S professional negligence. The CONSULTANT has the obligation, at its own expense, for the defense of any action or proceeding which may be brought against the parties specified in this Section. This obligation shall include the cost of attorneys’ attorney’s fees, disbursements, costs and other expenses incurred in connection with such action or proceeding. Such obligation to indemnify in the foregoing paragraph does not extend to those suits, actionsaction, damages and costs of every name that arise out of the this sole negligence of the StateSTATE, or negligence of any municipality in which the work is being performed, and/or any public benefit corporation, railroad railroad, or public utility whose property or facilities are affected by the contract work, or the negligence of any consultants working for the StateSTATE, their agents or employees, relative to the construction, alteration, or repair or maintenance of a building, highway highway, or structure and or appurtenances and appliances thereof including moving, demolition and excavating connected therewith. Notwithstanding the foregoing, the parties being defended by the CONSULTANT may elect to join any action or tender their own defense, at their sole expense and discretion.

CONSULTANT LIABILITY. To the fullest extent permitted permissible by law, the CONSULTANT shall indemnify and save harmless the StateSTATE, and any municipality in which the work is being performedmunicipality, and/or any public benefit corporation, railroad, or and/or public utility whose property or facilities are affected by the work, from suits, claims, actions, damages and costs, of every name and description arising from the work under its contract during its prosecution and until the final acceptance thereof. The CONSULTANT and any assigns, heirs, or successors in interest shall also indemnify and save harmless, to the fullest extent permitted by law, the consultant inspecting engineer or inspector working for the State STATE relative to the project PROJECT from suits, claims, actions, damages damages, and costs involving personal injury and property damage arising from the CONSULTANT’s ’S work under the contract CONTRACT during its prosecution and until the final acceptance thereof. The State STATE may retain such monies from the amount due the CONSULTANT as may be necessary to satisfy any claim for damages recovered against the StateSTATE, any municipality in which the work is being performed, and/or any public benefit corporation, railroad railroad, or public utility whose property or facilities are affected by the work or consultant inspecting engineers or inspectors working for the State STATE relative to the projectPROJECT. The CONSULTANT’s ’S obligation under this paragraph shall not be deemed waived by the failure of the State STATE to retain the whole or any part of such monies due the CONSULTANT, nor where such suit, action, damages and/or costs have not been resolved or determined prior to release of any monies to the CONSULTANT under the contractCONTRACT, nor shall such obligation be deemed limited or discharged by the enumeration or procurement of if any insurance for liability for damages imposed by law upon the CONSULTANT, SubCONSULTANT Subconsultant or the State, any municipality in which the work is being performed, and/or any public benefit corporation, railroad railroad, or public utility whose property or facilities are affected by the work, or for any consultants working for the StateSTATE. It is understood by the STATE and the CONSULTANT that the CONSULTANT’S Professional Liability/Errors and Omissions Policy required in the Article 13 -Insurance of this CONTRACT shall be utilized for claims involving the CONSULTANT’S professional negligence. The CONSULTANT has the obligation, at its own expense, for the defense of any action or proceeding which may be brought against the parties specified in this Section. This obligation shall include the cost of attorneys’ attorney’s fees, disbursements, costs costs, and other expenses incurred in connection with such action or proceeding. Such obligation to indemnify in the foregoing paragraph does not extend to those suits, actionsaction, damages and costs of every name that arise out of the this sole negligence of the StateSTATE, or negligence of any municipality in which the work is being performed, and/or any public benefit corporation, railroad railroad, or public utility whose property or facilities are affected by the contract work, or the negligence of any consultants working for the StateSTATE, their agents or employees, relative to the construction, alteration, or repair or maintenance of a building, highway highway, or structure and or appurtenances and appliances thereof including moving, demolition and excavating connected therewith. Notwithstanding the foregoing, the parties being defended by the CONSULTANT may elect to join any action or tender their own defense, at their sole expense and discretion.

CONSULTANT LIABILITY. To the fullest extent permitted permissible by law, the CONSULTANT CONSUTLANT shall indemnify and save harmless harmless, but shall have no duty to defend, the StateSTATE, and any municipality in which the work is being performedmunicipality, and/or any public benefit corporation, railroad, or and/or public utility whose property or facilities are affected by the work, from suitssuites, claims, actions, damages and costs, of every name and description arising from the work under its contract during its prosecution and until the final acceptance thereofthereof to the extent caused by the negligence of CONSULTANT or those for whom CONSULTANT is legally liable in connection with the CONTRACT. The CONSULTANT and any assigns, heirs, or successors in interest shall also indemnify and save harmless, to the fullest extent permitted by lawbylaw, the consultant inspecting engineer or inspector working for the State STATE relative to the project PROJECT from suits, claims, actions, damages and costs involving personal injury and property damage arising arisingto the extent caused by from the CONSULTANT’s ’S negligent work under the contract CONTRACT during its prosecution and until the final acceptance thereof. The State STATE may retain such monies from the amount due the CONSULTANT as may be necessary to satisfy any claim for damages recovered against the StateSTATE, any municipality in which the work is being performed, and/or any public benefit corporation, railroad railroad, or public utility whose property or facilities are affected by the work or consultant inspecting engineers or inspectors working for the State STATE relative to the projectPROJECT. The CONSULTANT’s ’S obligation under this paragraph thisparagraph shall not be deemed waived by the failure of the State STATE to retain the whole or any part of such monies due the CONSULTANT, nor where such suit, action, damages and/or costs have not been resolved or determined prior to release of any monies to the CONSULTANT under the contractCONTRACT, nor shall such obligation be deemed limited or discharged by the enumeration or procurement of if any insurance for liability for damages imposed by law upon the CONSULTANT, SubCONSULTANT Subconsultant or the State, any municipality in which the work is being performed, and/or any public benefit corporation, railroad railroad, or public utility whose property or facilities are affected by the work, or for any consultants working for the StateSTATE. It is understood by the STATE and the CONSULTANT that the CONSULTANT’S Professional Liability/Errors and Omissions Policy if required in the Article 12 -Insurance of this CONTRACT shall be utilized for claims involving the CONSULTANT’Sprofessional negligence. The CONSULTANT has the obligation, at its own expense, for the defense of any action or proceeding which may be brought against the parties specified in this Section. This obligation shall include the cost of attorneys’ attorney’s fees, disbursements, costs and other expenses incurred in connection with such action or proceeding. Such obligation to indemnify in the foregoing paragraph does not extend to those suits, actionsaction, damages and costs of every name that arise out of the outof this sole negligence of the StateSTATE, or negligence of any municipality in which the work is being performed, and/or any public benefit corporation, railroad railroad, or public utility whose property or facilities are affected by the contract work, or the negligence of any consultants working for the StateSTATE, their agents or employees, relative to the construction, alteration, or repair or maintenance of a building, highway highway, or structure and or appurtenances and appliances thereof including moving, demolition and excavating connected excavatingconnected therewith. Notwithstanding the foregoing, the parties being defended by the CONSULTANT may elect to join any action or tender their own defense, at their sole expense and discretion.