Common use of CONSULTANT LIABILITY Clause in Contracts

CONSULTANT LIABILITY. The CONSULTANT shall be responsible for all damage to life and property due to negligent acts, errors or omissions of the CONSULTANT, his sub-contractors, agents or employees, in the performance of his service under this Agreement. Further, it is expressly understood that the CONSULTANT shall indemnify and save harmless the STATE from claims, suits, actions, damages and costs of every name and description resulting from the negligent performance of the services of the CONSULTANT under this Agreement, and such indemnity shall not be limited by reasons of enumeration of any insurance coverage herein provided. Negligent performance of service, within the meaning of this Article, shall include, in addition to negligence founded upon tort, negligence based upon the CONSULTANT's failure to meet professional standards and resulting in obvious or patent errors in the progression of his work. Nothing in this Article or in this Agreement shall create or give to third parties any claim or right of action against the CONSULTANT or the STATE beyond such as may legally exist irrespective of this Article or this Agreement. Additionally, for all projects with an estimated construction cost of Five Million Dollars ($5,000,000) or more, the CONSULTANT shall procure and maintain for the duration of the work for such project(s), Professional Liability Insurance in the amount of One Million Dollars($1,000,000), issued to and covering damage for liability imposed on the CONSULTANT by this Agreement or law arising out of any negligent act, error, or omission in the rendering of or failure to render professional services required by the Agreement. The CONSULTANT shall supply any certificates of insurance required by the Department and adhere to any additional requirements concerning insurance.