Common use of INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES Clause in Contracts

INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall indemnify defend with counsel reasonably acceptable to Agency and hold harmless the Agency and its officials, officers, employees and volunteers from and against any and all claims arising out of the performance of Consultants services on this project that arise our of and that pertain or relate to the negligence, recklessness, or willful misconduct of Consultant or its employees, sub-consultants, or agents to the extent that such liability is actually caused by the negligence, recklessness or willful misconduct of Consultant, it’s principals, employees or sub-consultants. Consultant shall have no obligation to pay for any of the indemnitiee’s defense related costs in excess of $100,000 prior to a final determination of liability or to pay any amount that exceeds the finally determined percentage of liability based upon the comparative fault of Consultant.