Common use of For All Other Liabilities Clause in Contracts

For All Other Liabilities. Notwithstanding the foregoing and without diminishing any rights of Agency under Section 9.A, for any liability, claim, demand, allegation against Agency arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless Agency, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Agency, except for the sole or active negligence of, or willful misconduct of the Agency.

For All Other Liabilities. Notwithstanding the foregoing and without diminishing any rights of Agency DISTRICT under Section 9.A, for any liability, claim, demand, allegation against Agency DISTRICT arising out of, related to, or pertaining to any act or omission of ConsultantCONSULTANT, but which is not a design professional service, Consultant CONSULTANT shall defend, indemnify, and hold harmless AgencyDISTRICT, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the AgencyDISTRICT, except for the sole or active negligence of, or willful misconduct of the AgencyDISTRICT.