INDEMNIFICATION RELATED TO CERTAIN DFCM’S ACTION WITH DELIVERABLES. DFCM’s use on other projects, DFCM’s re-use, or DFCM’s modification of the Deliverable Instruments of Service shall be at DFCM’s sole risk and without recourse against A/E, its Subconsultants at any tier, and their principals, agents and employees. DFCM shall hold harmless, indemnify and defend A/E, its Subconsultants at any tier and their respective principals, agents and employees from and against any and all actions, claims, loss, or damages of any nature whatsoever to the extent related to and resulting from any said use, re-use, or modification of all or any portion of the Deliverable Instruments of Service by or on behalf of DFCM, or under any license issued by, through, or on behalf of DFCM, irrespective of any actual or alleged fault on the part of the indemnitee(s). Under no circumstances shall A/E be indemnified for the use of the Deliverable Instruments of Service for the Project that is the subject of this Agreement. For purposes of this paragraph, DFCM includes the State of Utah or any department, division or agency of the State of Utah.
