Common use of Engineer’s Liability Limited to Amount of Insurance Proceeds Clause in Contracts

Engineer’s Liability Limited to Amount of Insurance Proceeds. Engineer shall procure and maintain insurance as required by and set forth in Paragraph 6.04.A to this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners, employees, agents, and Engineer’s Consultants, and any of them, to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied, of Engineer or Engineer’s officers, directors, partners, employees, agents, or Engineer’s Consultants, or any of them (hereafter “Owner’s Claims”), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer’s insurers in settlement or satisfaction of Owner’s Claims under the terms and conditions of Engineer’s insurance policies applicable thereto. Owner acknowledges that Engineer’s professional liability insurance limits are reduced by fees, costs and expenses of investigation, claims adjustment, defense, and appeal. If no such insurance coverage is provided with respect to Owner’s Claims, then the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners, employees, agents, and Engineer’s Consultants, and any of them to Owner and anyone claiming by, through, or under Owner for any and all such uninsured Owner’s claims shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer’s insurers in settlement or satisfaction of Client’s Claims under the terms and conditions of Engineer’s insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal).

Engineer’s Liability Limited to Amount of Insurance Proceeds. Engineer shall procure and maintain insurance as required by and set forth in Paragraph 6.04.A to this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners, employees, agents, and Engineer’s Consultants, and any of them, to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied, of Engineer or Engineer’s officers, directors, partners, employees, agents, or Engineer’s Consultants, or any of them (hereafter “Owner’s Claims”), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer’s insurers in settlement or satisfaction of Owner’s Claims under the terms and conditions of Engineer’s insurance policies applicable thereto. Owner acknowledges that Engineer’s professional liability insurance limits are reduced by fees, costs and expenses of investigation, claims adjustment, defense, and appeal. If no such North Side Infrastructure Rehabilitation 21-R0391 Xxxxxxxx Engineering, Ltd. & Village of Itasca insurance coverage is provided with respect to Owner’s Claims, then the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners, employees, agents, and Engineer’s Consultants, and any of them to Owner and anyone claiming by, through, or under Owner for any and all such uninsured Owner’s claims shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer’s insurers in settlement or satisfaction of Client’s Claims under the terms and conditions of Engineer’s insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal).

Engineer’s Liability Limited to Amount of Insurance Proceeds. Engineer shall procure and maintain insurance as required by and set forth in Paragraph 6.04.A Exhibit G to this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners, employees, agents, and Engineer’s Consultants, and any of them, to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied, of Engineer or Engineer’s officers, directors, partners, employees, agents, or Engineer’s Consultants, or any of them (hereafter “Owner’s Claims”), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer’s insurers in settlement or satisfaction of Owner’s Claims under the terms and conditions of Engineer’s insurance policies applicable thereto. Owner acknowledges that Engineer’s professional liability insurance limits are reduced by thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). If no such insurance coverage is provided with respect to Owner’s Claims, then the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners, employees, agents, and Engineer’s Consultants, and any of them to Owner and anyone claiming by, through, or under Owner for any and all such uninsured Owner’s claims shall not exceed the total insurance proceeds paid on behalf value of or the fee earned. This is EXHIBIT J, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer by Engineer’s insurers for Professional Services dated , 2013. Special Provisions Paragraph(s) of the Agreement is/are amended to include the following agreement(s) of the parties: Not Applicable This is EXHIBIT K, consisting of 2 pages, referred to in settlement or satisfaction and part of Client’s Claims under the terms Agreement between Owner and conditions Engineer for Professional Services dated , 2013. AMENDMENT TO OWNER-ENGINEER AGREEMENT 1. Background Data: a. Effective Date of Engineer’s insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal).Owner-Engineer Agreement:

Engineer’s Liability Limited to Amount of Insurance Proceeds. Engineer shall procure and maintain insurance as required by and set forth in Paragraph 6.04.A Exhibit G to this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners, employees, agents, and Engineer’s Consultants, and any of them, to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied, of Engineer or Engineer’s officers, directors, partners, employees, agents, or Engineer’s Consultants, or any of them (hereafter “Owner’s Claims”), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer’s insurers in settlement or satisfaction of Owner’s Claims under the terms and conditions of Engineer’s insurance policies applicable thereto. Owner acknowledges that Engineer’s professional liability insurance limits are reduced by thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). If no such insurance coverage is provided with respect to Owner’s Claims, then the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners, employees, agents, and Engineer’s Consultants, and any of them to Owner and anyone claiming by, through, or under Owner for any and all such uninsured Owner’s claims shall not exceed the total insurance proceeds paid on behalf value of or the fee earned. This is EXHIBIT J, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer by Engineer’s insurers for Professional Services dated , 2013. Special Provisions Paragraph(s) of the Agreement is/are amended to include the following agreement(s) of the parties: This is EXHIBIT K, consisting of 2 pages, referred to in settlement or satisfaction and part of Client’s Claims under the terms Agreement between Owner and conditions Engineer for Professional Services dated , 2013. 1. Background Data: a. Effective Date of Engineer’s insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal).Owner-Engineer Agreement: b. Owner:

Engineer’s Liability Limited to Amount of Insurance Proceeds. Engineer shall procure and maintain insurance as required by and set forth in Paragraph 6.04.A Exhibit G to this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by lawLaws and Regulations, the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, members, partners, agents, employees, agents, and Engineer’s Consultants, and any of them, Consultants to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or liability, breach of contract, indemnity obligations, or warranty express or implied, of Engineer or Engineer’s officers, directors, members, partners, agents, employees, agents, or Engineer’s Consultants, or any of them Consultants (hereafter “Owner’s Claims”), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer’s insurers in settlement or satisfaction of Owner’s Claims under the terms and conditions of Engineer’s insurance policies applicable thereto. Owner acknowledges that Engineer’s professional liability insurance limits are reduced by thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal), up to the amount of insurance required under this Agreement. If no such insurance coverage is provided with respect to Owner’s Claims, then the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, members, partners, agents, employees, agents, and Engineer’s Consultants, and any of them Consultants to Owner and anyone claiming by, through, or under Owner for any and all such uninsured Owner’s claims Claims shall not exceed $2 million. This is EXHIBIT K, consisting of 2 pages, referred to in and part of the total insurance proceeds paid on behalf Agreement between Owner and Engineer for Professional Services dated February 1, 2023. The Effective Date of or to this Amendment is: . Background Data Effective Date of Owner-Engineer by Agreement: Owner: Engineer’s insurers in settlement or satisfaction of Client’s Claims under the terms and conditions of Engineer’s insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal).: Project:

Engineer’s Liability Limited to Amount of Insurance Proceeds. Engineer shall procure and maintain insurance as required by and set forth in Paragraph 6.04.A Exhibit G to this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners, employees, agents, and Engineer’s Consultants, and any of them, to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied, of Engineer or Engineer’s officers, directors, partners, employees, agents, or Engineer’s Consultants, or any of them (hereafter “Owner’s Claims”), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer’s insurers in settlement or satisfaction of Owner’s Claims under the terms and conditions of Engineer’s insurance policies applicable thereto. Owner acknowledges that Engineer’s professional liability insurance limits are reduced by thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). If no such insurance coverage is provided with respect to Owner’s Claims, then the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners, employees, agents, and Engineer’s Consultants, and any of them to Owner and anyone claiming by, through, or under Owner for any and all such uninsured Owner’s claims shall not exceed the total insurance proceeds paid on behalf value of or the fee earned. This is EXHIBIT J, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer by for Professional Services dated , 2014. Special Provisions Paragraph(s) of the Agreement is/are amended to include the following agreement(s) of the parties: This is EXHIBIT K, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , 2014. 1. Background Data: a. Effective Date of Owner-Engineer Agreement: b. Owner: c. Engineer’s insurers in settlement or satisfaction of Client’s Claims under the terms and conditions of Engineer’s insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal).: d. Project:

Engineer’s Liability Limited to Amount of Insurance Proceeds. Engineer shall procure and maintain insurance as required by and set forth in Paragraph 6.04.A Exhibit G to this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by lawLaws and Regulations, the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, members, partners, agents, employees, agents, and Engineer’s Consultants, and any of them, Consultants to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or liability, breach of contract, indemnity obligations, or warranty express or implied, of Engineer or Engineer’s officers, directors, members, partners, agents, employees, agents, or Engineer’s Consultants, or any of them Consultants (hereafter “Owner’s Claims”), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer’s insurers in settlement or satisfaction of Owner’s Claims under the terms and conditions of Engineer’s insurance policies applicable thereto. Owner acknowledges that Engineer’s professional liability insurance limits are reduced by thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal), up to the amount of insurance required under this Agreement. If no such insurance coverage is provided with respect to Owner’s Claims, then the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, members, partners, agents, employees, agents, and Engineer’s Consultants, and any of them Consultants to Owner and anyone claiming by, through, or under Owner for any and all such uninsured Owner’s claims Claims shall not exceed the total insurance proceeds paid on behalf $2 million. The Effective Date of or to this Amendment is: . Background Data Effective Date of Owner-Engineer by Agreement: Owner: Engineer’s insurers in settlement or satisfaction of Client’s Claims under the terms and conditions of Engineer’s insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal).: Project:

Engineer’s Liability Limited to Amount of Insurance Proceeds. Engineer shall procure and maintain insurance as required by and set forth in Paragraph 6.04.A Exhibit G to this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by lawLaws and Regulations, the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, members, partners, agents, employees, agents, and Engineer’s Consultants, and any of them, Consultants to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or liability, breach of contract, indemnity obligations, or warranty express or implied, of Engineer or Engineer’s officers, directors, members, partners, agents, employees, agents, or Engineer’s Consultants, or any of them Consultants (hereafter “Owner’s Claims”), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer’s insurers in settlement or satisfaction of Owner’s Claims under the terms and conditions of Engineer’s insurance policies applicable thereto. Owner acknowledges that Engineer’s professional liability insurance limits are reduced by thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal), up to the amount of insurance required under this Agreement. If no such insurance coverage is provided with respect to Owner’s Claims, then the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, members, partners, agents, employees, agents, and Engineer’s Consultants, and any of them Consultants to Owner and anyone claiming by, through, or under Owner for any and all such uninsured Owner’s claims Claims shall not exceed $2 million. This is EXHIBIT K, consisting of 2 pages, referred to in and part of the total insurance proceeds paid on behalf Agreement between Owner and Engineer for Professional Services dated March 19, 2019. The Effective Date of or to this Amendment is: . Background Data Effective Date of Owner-Engineer by Agreement: Owner: Engineer’s insurers in settlement or satisfaction of Client’s Claims under the terms and conditions of Engineer’s insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal).: Project:

Engineer’s Liability Limited to Amount of Insurance Proceeds. Engineer shall procure and maintain insurance as required by and set forth in Paragraph 6.04.A Exhibit G to this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners, employees, agents, and Engineer’s Consultants, and any of them, to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied, of Engineer or Engineer’s officers, directors, partners, employees, agents, or Engineer’s Consultants, or any of them (hereafter “Owner’s Claims”), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer’s insurers in settlement or satisfaction of Owner’s Claims under the terms and conditions of Engineer’s insurance policies applicable thereto. Owner acknowledges that Engineer’s professional liability insurance limits are reduced by thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). If no such insurance coverage is provided with respect to Owner’s Claims, then the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners, employees, agents, and Engineer’s Consultants, and any of them to Owner and anyone claiming by, through, or under Owner for any and all such uninsured Owner’s claims shall not exceed the total insurance proceeds paid on behalf value of or the fee earned. This is EXHIBIT J, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer by Engineer’s insurers for Professional Services dated , 2014. Special Provisions Paragraph(s) of the Agreement is/are amended to include the following agreement(s) of the parties: This is EXHIBIT K, consisting of 2 pages, referred to in settlement or satisfaction and part of Client’s Claims under the terms Agreement between Owner and conditions Engineer for Professional Services dated , 2014. 1. Background Data: a. Effective Date of Engineer’s insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal).Owner-Engineer Agreement: b. Owner: