Common use of Indemnity for Design Professional Services Clause in Contracts

Indemnity for Design Professional Services. 1. To the fullest extent permitted by Applicable Law, CONSULTANT agrees to defend (through legal counsel reasonably acceptable to COUNTY), indemnify and hold harmless the Indemnitees, and each of them, against any and all Losses that arise out of, pertain to, or relate to, any negligence, recklessness or willful misconduct constituting professional negligence on the part of CONSULTANT or its Subconsultants, or their respective employees, agents, representatives, or independent contractors. The Indemnitees shall be entitled to the defense, and indemnification provided for hereunder regardless of whether the Loss is, in part, caused or contributed to by the acts or omissions of an Indemnitee or any other person or entity; provided, however, that nothing contained herein shall be construed as obligating CONSULTANT to indemnify and hold harmless any Indemnitee to the extent not required under the provisions of this section. CONSULTANT shall defend and pay, all costs and fees, including but not limited to attorney fees, cost of investigation, and defense, in any loss, suits, claims, demands, actions, or proceedings to the extent and in proportion to the percentage, such costs and fees arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of CONSULTANT arising out of or from the performance of professional design services under this Agreement. The duty to defend applies to any alleged or actual negligence, recklessness, willful misconduct of CONSULTANT. The cost for defense shall apply whether or not CONSULTANT is a party to the lawsuit and shall apply whether or not CONSULTANT is directly liable to the plaintiffs in the lawsuit. The duty to defend applies even if Indemnitees are alleged or found to be actively negligent, but only in proportion to the percentage of fault or negligence of CONSULTANT. 2. Without affecting the rights of COUNTY under any other provision of this Agreement, CONSULTANT shall not be required to indemnify or hold harmless or provide defense or defense costs to an Indemnitee for a Loss due to that Indemnitee’s negligence, recklessness or willful misconduct; provided, however, that such negligence, recklessness or willful misconduct has been determined by agreement of CONSULTANT and Indemnitee or has been adjudged by the findings of a court of competent jurisdiction. 3. CONSULTANT agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this section from each and every Subconsultant, of every Tier. 4. CONSULTANT’s indemnification obligations under this Agreement shall not be limited by the amount or type of damages, compensation or benefits payable under any policy of insurance, workers’ compensation acts, disability benefit acts or other employee benefit acts. 5. The Indemnitees shall be entitled to recover their attorneys’ fees, costs and expert and consultant costs in pursuing or enforcing their right to defense and/or indemnification under this Agreement.

Indemnity for Design Professional Services. 1. To the fullest extent permitted by Applicable Law, CONSULTANT agrees to defend (through legal counsel reasonably acceptable to COUNTY), indemnify and hold harmless the Indemnitees, and each of them, against any and all Losses that arise out of, pertain to, or relate to, any negligence, recklessness or willful misconduct constituting professional negligence on the part of CONSULTANT or its Subconsultantssubconsultants, or their respective employees, agents, representatives, or independent contractors. The Indemnitees shall be entitled to the defense, and indemnification provided for hereunder regardless of whether the Loss is, in part, caused or contributed to by the acts or omissions of an Indemnitee or any other person or entity; provided, however, that nothing contained herein shall be construed as obligating CONSULTANT to indemnify and hold harmless any Indemnitee to the extent not required under the provisions of this section. CONSULTANT shall defend and pay, all costs and fees, including but not limited to attorney fees, cost of investigation, and defense, in any loss, suits, claims, demands, actions, or proceedings to the extent and in proportion to the percentage, such costs and fees arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of CONSULTANT arising out of or from the performance of professional design services under this Agreement. The duty to defend applies to any alleged or actual negligence, recklessness, willful misconduct of CONSULTANT. The cost for defense shall apply whether or not CONSULTANT is a party to the lawsuit and shall apply whether or not CONSULTANT is directly liable to the plaintiffs in the lawsuit. The duty to defend applies even if Indemnitees are alleged or found to be actively negligent, but only in proportion to the percentage of fault or negligence of CONSULTANT. 2. Without affecting the rights of COUNTY under any other provision of this Agreement, CONSULTANT shall not be required to indemnify or hold harmless or provide defense or defense costs to an Indemnitee for a Loss due to that Indemnitee’s negligence, recklessness or willful misconduct; provided, however, that such negligence, recklessness or willful misconduct has been determined by agreement of CONSULTANT and Indemnitee or has been adjudged by the findings of a court of competent jurisdiction. 3. CONSULTANT agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this section from each and every Subconsultantsubconsultant, of every Tier. 4. CONSULTANT’s indemnification obligations under this Agreement shall not be limited by the amount or type of damages, compensation or benefits payable under any policy of insurance, workers’ compensation acts, disability benefit acts or other employee benefit acts. 5. The Indemnitees shall be entitled to recover their attorneys’ fees, costs and expert and consultant costs in pursuing or enforcing their right to defense and/or indemnification under this Agreement.

Indemnity for Design Professional Services. 17 1. To the fullest extent permitted by Applicable Law, CONSULTANT agrees to defend (through legal counsel 18 reasonably acceptable to COUNTY), indemnify and hold harmless the Indemnitees, and each of them, 19 against any and all Losses that arise out of, pertain to, or relate to, any negligence, recklessness or willful 20 misconduct constituting professional negligence on the part of CONSULTANT or its Subconsultants, or 21 their respective employees, agents, representatives, or independent contractors. The Indemnitees shall 22 be entitled to the defense, and indemnification provided for hereunder regardless of whether the Loss is, in 23 part, caused or contributed to by the acts or omissions of an Indemnitee or any other person or entity; 24 provided, however, that nothing contained herein shall be construed as obligating CONSULTANT to 25 indemnify and hold harmless any Indemnitee to the extent not required under the provisions of this section. 26 CONSULTANT shall defend and pay, all costs and fees, including but not limited to attorney fees, cost of 27 investigation, and defense, in any loss, suits, claims, demands, actions, or proceedings to the extent and 28 in proportion to the percentage, such costs and fees arise out of, pertain to, or relate to the negligence, 29 recklessness or willful misconduct of CONSULTANT arising out of or from the performance of professional 1 design services under this Agreement. The duty to defend applies to any alleged or actual negligence, 2 recklessness, willful misconduct of CONSULTANT. The cost for defense shall apply whether or not 3 CONSULTANT is a party to the lawsuit and shall apply whether or not CONSULTANT is directly liable to 4 the plaintiffs in the lawsuit. The duty to defend applies even if Indemnitees are alleged or found to be actively 5 negligent, but only in proportion to the percentage of fault or negligence of CONSULTANT. 6 2. Without affecting the rights of COUNTY under any other provision of this Agreement, CONSULTANT shall 7 not be required to indemnify or hold harmless or provide defense or defense costs to an Indemnitee for a 8 Loss due to that Indemnitee’s negligence, recklessness or willful misconduct; provided, however, that such 9 negligence, recklessness or willful misconduct has been determined by agreement of CONSULTANT and Indemnitee or has been adjudged by the findings of a court of competent jurisdiction. 3. CONSULTANT agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this section from each and every Subconsultant, of every Tier. 4. CONSULTANT’s indemnification obligations under this Agreement shall not be limited by the amount or type of damages, compensation or benefits payable under any policy of insurance, workers’ compensation acts, disability benefit acts or other employee benefit acts. 5. The Indemnitees shall be entitled to recover their attorneys’ fees, costs and expert and consultant costs in pursuing or enforcing their right to defense and/or indemnification under this Agreement.and

Indemnity for Design Professional Services. 1. To the fullest extent permitted by Applicable Law, CONSULTANT agrees to defend (through legal counsel reasonably acceptable to COUNTYCounty), indemnify and hold harmless the Indemnitees, and each of them, against any and all Losses that arise out of, pertain to, or relate to, any negligence, recklessness or willful misconduct constituting professional negligence on the part of CONSULTANT or its Subconsultants, or their respective employees, agents, representatives, or independent contractors. The Indemnitees shall be entitled to the defense, and indemnification provided for hereunder regardless of whether the Loss is, in part, caused or contributed to by the acts or omissions of an Indemnitee or any other person or entity; provided, however, that nothing contained herein shall be construed as obligating CONSULTANT to indemnify and hold harmless any Indemnitee to the extent not required under the provisions of this section. CONSULTANT shall defend and pay, all costs and fees, including but not limited to attorney fees, cost of investigation, and defense, in any loss, suits, claims, demands, actions, or proceedings to the extent and in proportion to the percentage, such costs and fees arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of CONSULTANT arising out of or from the performance of professional design services under this Agreement. The duty to defend applies to any alleged or actual negligence, recklessness, willful misconduct of CONSULTANT. The cost for defense shall apply whether or not CONSULTANT is a party to the lawsuit lawsuit, and shall apply whether or not CONSULTANT is directly liable to the plaintiffs in the lawsuit. The duty to defend applies even if Indemnitees are alleged or found to be actively negligent, but only in proportion to the percentage of fault or negligence of CONSULTANT. 2. Without affecting the rights of COUNTY County under any other provision of this Agreement, CONSULTANT shall not be required to indemnify or hold harmless or provide defense or defense costs to an Indemnitee for a Loss due to that Indemnitee’s negligence, recklessness or willful misconduct; provided, however, that such negligence, recklessness or willful misconduct has been determined by agreement of CONSULTANT and Indemnitee or has been adjudged by the findings of a court of competent jurisdiction. 3. CONSULTANT agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this section from each and every Subconsultant, of every Tier. 4. CONSULTANT’s indemnification obligations under this Agreement shall not be limited by the amount or type of damages, compensation or benefits payable under any policy of insurance, workers’ compensation acts, disability benefit acts or other employee benefit acts. 5. The Indemnitees shall be entitled to recover their attorneys’ fees, costs and expert and consultant costs in pursuing or enforcing their right to defense and/or indemnification under this Agreement.

Indemnity for Design Professional Services. 9 1. To the fullest extent permitted by Applicable Law, CONSULTANT agrees to defend (through legal counsel 10 reasonably acceptable to COUNTY), indemnify and hold harmless the Indemnitees, and each of them, 11 against any and all Losses that arise out of, pertain to, or relate to, any negligence, recklessness or willful 12 misconduct constituting professional negligence on the part of CONSULTANT or its Subconsultantssubconsultants, or their 13 respective employees, agents, representatives, or independent contractors. The Indemnitees shall be 14 entitled to the defense, and indemnification provided for hereunder regardless of whether the Loss is, in 15 part, caused or contributed to by the acts or omissions of an Indemnitee or any other person or entity; 16 provided, however, that nothing contained herein shall be construed as obligating CONSULTANT to 17 indemnify and hold harmless any Indemnitee to the extent not required under the provisions of this section. 18 CONSULTANT shall defend and pay, all costs and fees, including but not limited to attorney fees, cost of 19 investigation, and defense, in any loss, suits, claims, demands, actions, or proceedings to the extent and 20 in proportion to the percentage, such costs and fees arise out of, pertain to, or relate to the negligence, 21 recklessness or willful misconduct of CONSULTANT arising out of or from the performance of professional 22 design services under this Agreement. The duty to defend applies to any alleged or actual negligence, 23 recklessness, willful misconduct of CONSULTANT. The cost for defense shall apply whether or not 24 CONSULTANT is a party to the lawsuit and shall apply whether or not CONSULTANT is directly liable to 25 the plaintiffs in the lawsuit. The duty to defend applies even if Indemnitees are alleged or found to be actively 26 negligent, but only in proportion to the percentage of fault or negligence of CONSULTANT. 27 2. Without affecting the rights of COUNTY under any other provision of this Agreement, CONSULTANT shall 28 not be required to indemnify or hold harmless or provide defense or defense costs to an Indemnitee for a 29 Loss due to that Indemnitee’s negligence, recklessness or willful misconduct; provided, however, that such 1 negligence, recklessness or willful misconduct has been determined by agreement of CONSULTANT and Indemnitee or has been adjudged by the findings of a court of competent jurisdiction. 3. CONSULTANT agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this section from each and every Subconsultant, of every Tier. 4. CONSULTANT’s indemnification obligations under this Agreement shall not be limited by the amount or type of damages, compensation or benefits payable under any policy of insurance, workers’ compensation acts, disability benefit acts or other employee benefit acts. 5. The Indemnitees shall be entitled to recover their attorneys’ fees, costs and expert and consultant costs in pursuing or enforcing their right to defense and/or indemnification under this Agreement.and