Design Professional Services Indemnification and Defense. 14(B)(1). To the fullest extent permitted by law, with respect to the performance of design professional services as defined by Civil Code Section 2782.8, Consultant shall indemnify and defend the City, its elected officials, officers, employees and agents, from all liability of every kind, nature and description that arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant’s officers or employees. 14(B)(2). Consultant’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then Consultant’s obligation to indemnify for the liability shall be reduced in proportion to the established comparative liability. 14(B)(3). If it is finally adjudicated that liability was caused by the comparative active negligence or willful misconduct of an indemnified party, Consultant may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs in proportion to the established comparative liability of the indemnified party. 14(B)(4). Notwithstanding language to the contrary in subsections (B) and (C), Consultant is not required to provide or to pay for an up-front defense against unproven claims or allegations related to design professional services, but must reimburse those reasonable attorneys’ fees and other costs of defense incurred by the City to the extent the liability defended against is caused by the negligence, recklessness, or willful misconduct of Consultant or its employees, agents or subcontractors. KEEP THIS PARAGRAPH IF CITY AGREES TO LIMITED DUTY TO DEFEND OTHERWISE DELETE – CONFIRM DECISION AND REMOVE THIS HIGHLIGHTED TEXT BEFORE TRANSMITTING TO CONSULTANT
Design Professional Services Indemnification and Defense. 14(B)(1). To the fullest extent permitted by law, with respect to the performance of design professional services as defined by Civil Code Section 2782.8, Consultant shall indemnify and defend the City, its elected officials, officers, employees and agents, from all liability of every kind, nature and description that arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant’s officers or employees. 14(B)(2). Consultant’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then Consultant’s obligation to indemnify for the liability shall be reduced in proportion to the established comparative liability. 14(B)(3). If it is finally adjudicated that liability was caused by the comparative active negligence or willful misconduct of an indemnified party, Consultant may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs in proportion to the established comparative liability of the indemnified party.
Design Professional Services Indemnification and Defense
