Engineer's Liability. Acceptance of the final plans by City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, associates, agents or consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the designs, working drawings, specifications, or other documents and work; nor shall such acceptance be deemed an assumption of responsibility or liability by City for any defect in the designs, working drawings, specifications, or other documents prepared by said Engineer, its employees, subcontractor, agents and consultants.
Engineer's Liability. Acceptance of the final plans by the CITY shall not constitute nor be deemed a release of the responsibility and liability of ENGINEER, its employees, associates, agents or consultants for the accuracy and competency of their specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by CITY for any defect in the specifications or other documents and work prepared by said ENGINEER, its employees, associates, agents or “subconsultants”.
Engineer's Liability. Client hereby agrees that Engineer’s total liability to Client for injuries, claims, losses, expenses or damages arising out of or related to the Project or this Agreement shall not exceed the total compensation received by Engineer under this agreement.
Engineer's Liability. Acceptance of the final report by City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, associates, agents or consultants for the accuracy and competency of their documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the documents and work; nor shall such acceptance be deemed an assumption of responsibility or liability by City for any documents prepared by said Engineer, its employees, subcontractor, agents and consultants.
Engineer's Liability. (a) An Engineer(s) will not be required to pay for damage or loss of aircraft or equipment used in the performance of their duties under this Agreement, nor in these circumstances will any lien or other claim be made by the Company on the Engineer estate. Any claim made by any member of the public, passenger or other person upon the Engineer or the Engineer’s estate, which claim arises as a result of any accident or happening caused by the Engineer in the performance of their duties, whether those duties were performed efficiently or, as may be subsequently determined, negligently, will be accepted as a claim made against the Company. The Company will, subject to clause 25 (b) be solely responsible for all claims as a result of Maintenance of, or travel in, the Company's aircraft.
(b) For the avoidance of doubt, any and all obligations (however described) imposed upon the Company pursuant to clause 25(a) of this Agreement, will not apply in circumstances in which an Engineer has knowingly performed their duties in a manner contrary to law or Company policy, and contrary to the Company’s Just Culture Policy, as described in the Company SMS.
Engineer's Liability. In carrying out any of the provisions of this Contract or in exercising any power or authority granted to him by it, there shall be no liability upon the Engineer or his authorized agents and representatives, it being understood that in such matters he acts solely as the Owner's representative.
Engineer's Liability. The ENGINEER shall indemnify and hold the DISTRICT harmless from any and all claims, damages, liability, or suits to the extent caused by the negligent acts, errors or omissions of the ENGINEER under this AGREEMENT.
Engineer's Liability. To the fullest extent permitted by law, ENGINEER shall defend (with counsel of DISTRICT’s choosing), indemnify and hold the DISTRICT, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of ENGINEER, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the ENGINEER’s services or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. ENGINEER’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by ENGINEER, the DISTRICT, its officials, officers, employees, agents, or volunteers. If ENGINEER’s obligation to defend, indemnify, and/or hold harmless arises out of ENGINEER’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, ENGINEER’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the ENGINEER, and, upon ENGINEER obtaining a final adjudication by a court of competent jurisdiction, ENGINEER’s liability for such claim, including the cost to defend, shall not exceed the ENGINEER’s proportionate percentage of fault..
Engineer's Liability
