Common use of Liability for Damages Clause in Contracts

Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability due to the negligence of the consultant, including attorneys’ fees. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contract. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and any employees of it from and against all claims damages, losses, liabilities, and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent that such claim, damage, loss or expense is caused in whole or in part by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: The CONSULTANT'S indemnity obligations shall survive the completion, cancellation or early termination of the Agreement.

Appears in 7 contracts

Samples: Engineering Agreement, Engineering Agreement, Engineering Agreement

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Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability due to the negligence of the consultant, including attorneys’ fees. CONSULTANT shall be knowledgeable and fully informed of all national and state laws and all municipal ordinances and regulations in effect as of the time of the contract affecting the work or performance under this Agreement, and shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability, including attorney's fees, arising from or based on the violation by the CONSULTANT of any such laws, regulations or ordinances. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contract. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and any employees of it from and against all claims claims, damages, losses, liabilities, losses and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent that such claim, damage, loss or expense is caused in whole or in part by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: The CONSULTANT'S indemnity obligations shall survive the completion, cancellation or early termination of the Agreement.

Appears in 2 contracts

Samples: Engineering Agreement, Engineering Agreement

Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability due to the negligence of the consultant, including attorneys’ fees. CONSULTANT shall be knowledgeable and fully informed of all national and state laws and all municipal ordinances and regulations in effect as of the time of the contract affecting the work or performance under this Agreement, and shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability, including attorney's fees, arising from or based on the negligent or willful violation by the CONSULTANT of any such laws, regulations or ordinances. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contract. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and any employees of it from and against all claims damages, losses, liabilities, and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent that such claim, damage, loss or expense is caused in whole or in part by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: The CONSULTANT'S indemnity obligations shall survive the completion, cancellation or early termination of the Agreement.

Appears in 1 contract

Samples: Engineering Agreement

Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA XXXXX nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will shall be responsible knowledgeable and fully informed of all national and state laws and all municipal ordinances and regulations in full or in part for the actions effect as of the contractor which are the direct result time of the CONSULTANT'S contract affecting the work or the consultant's agents' actionperformance under this Agreement, direction, or approval. In such case the CONSULTANT and shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability liability, including attorney's fees, arising from or based on the violation by the CONSULTANT of any such laws, regulations or ordinances. CONSULTANT assumes all risk of loss, damage or destruction to CONSULTANT'S work, all of his materials, tools, appliances and property of every description, and of injury to or deaths of CONSULTANT or his employees or agents arising out of or in connection with the performance of this Agreement, including that which occurs due to the negligence of the consultant, including attorneys’ fees. Consultant shall have an affirmative duty acts or failure to advise the LOCAL PUBLIC AGENCY act of any known or obvious errorsthird party, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of than that which is solely caused by the LOCAL PUBLIC AGENCY or consultants retained caused solely by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contractthird party. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and any employees of it from and against all claims claims, damages, losses, liabilities, losses and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent provided that such claim, damage, loss or expense is caused in whole or in part by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: City of Noblesville – Department of Engineering 00 X. 00xx Xxxxxx Suite 155 Noblesville, IN 46060 Attn: Xx. Xxxx Xxxxx, PE City Engineer The CONSULTANT'S indemnity obligations shall survive the completion, cancellation or early termination of the Agreement.

Appears in 1 contract

Samples: Engineering Agreement

Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA XXXXX nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability due to the negligence of the consultant, including attorneys’ fees. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contract. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and any employees of it from and against all claims damages, losses, liabilities, and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent that such claim, damage, loss or expense is caused in whole or in part by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: The CONSULTANT'S indemnity obligations shall survive the completion, cancellation or early termination of the Agreement.

Appears in 1 contract

Samples: Engineering Agreement

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Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents and employees against any claim or liability due to the negligence of the consultant, including attorneys’ fees. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contract. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and any employees of it from and against all claims damages, losses, liabilities, and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent that such claim, damage, loss or expense is caused in whole or in part by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: The CONSULTANT'S indemnity obligations shall survive the completion, cancellation or early termination of the Agreement.:

Appears in 1 contract

Samples: Engineering Agreement

Liability for Damages. CONSULTANT agrees to take all necessary precautions for the safety of, and the prevention of injury, loss or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will apply the reasonable standard of care to comply with applicable laws in effect at the time the services are performed hereunder, which to be responsible in full or in part for the actions best of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' actionits knowledge, directioninformation, or approvaland belief, apply to its obligations under this Agreement. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents officers and employees against any claim or liability to the extent caused by a negligent act by the CONSULTANT. CONSULTANT assumes all risk of loss, damage or destruction to CONSULTANT'S work, all of his materials, tools, appliances and property of every description, and of injury to or deaths of CONSULTANT or his employees arising out of or in connection with the performance of this Agreement, including that which occurs due to the negligence of the consultant, including attorneys’ fees. Consultant shall have an affirmative duty acts or failure to advise the LOCAL PUBLIC AGENCY act of any known or obvious errorsthird party, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of than that which is solely caused by the LOCAL PUBLIC AGENCY or consultants retained caused solely by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contractthird party. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, and AGENCY from any employees of it from and against all claims damages, losses, liabilities, and expenses, including, but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services under this contract, to the extent that such claim, damage, loss or expense is caused in whole or in part act by the CONSULTANT, his subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnities which would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contract. The CONSULTANT shall send notice of claims related to work under this contract to: Xxxxxxxxx Xxxx, PE City Engineer 0000 X 000xx Xxxxxx Xxxxxxxxx, XX 00000 000-000-0000 The CONSULTANT'S indemnity obligations shall survive the completion, cancellation cancellation, or early termination of the Agreement.

Appears in 1 contract

Samples: Consulting Agreement

Liability for Damages. Neither the professional activities of the CONSULTANT, nor the presence of the CONSULTANT or its employees and subconsultants at a construction/project site, shall relieve the General Contractor of its obligations, duties, and responsibilities, including but not limited to, construction means, methods, sequence, techniques, or procedures necessary for performing, superintending, and coordinating the Work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The CONSULTANT and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. The LOCAL PUBLIC AGENCY agrees to take all necessary precautions that the General Contractor shall be solely responsible for jobsite safety and warrants that this intent shall be carried out in the safety ofLOCAL PUBLIC AGENCY's contract with the General Contractor. The LOCAL PUBLIC AGENCY also agrees that the LOCAL PUBLIC AGENCY, the CONSULTANT, and the prevention CONSULTANT's subconsultants shall be indemnified by the General Contractor and shall be made additional insureds under the General Contractor's policies of injury, loss general liability insurance on a primary and non-contributory basis. The CONSULTANT shall be knowledgeable of applicable national and state laws and municipal ordinances and regulations affecting the CONSULTANT's services or death to its employees and agents on or off of the project site and to comply with the provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities applicable to its employees and agents and to CONSULTANT'S performance of its services under this Agreement. Provided, however, the CONSULTANT and the LOCAL PUBLIC AGENCY shall not be responsible for the means, methods and techniques of the construction contractor in the prosecution of its work nor for the construction contractor(s)' and their subcontractors' safety programs, training or compliance with safety requirements including OSHA and IOSHA nor for any injury, death or property damage to the contractor, subcontractor or their employees and/or agents arising out of an accident or incident which may occur incidental to the construction of the project. CONSULTANT will be responsible in full or in part for the actions of the contractor which are the direct result of the CONSULTANT'S or the consultant's agents' action, direction, or approval. In such case the CONSULTANT shall indemnify the LOCAL PUBLIC AGENCY, its officers, agents agents, and employees employees, against any claim or liability due to the negligence of the consultantliability, including attorneys’ reasonable attorney's fees. Consultant shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions, or deficiencies in the designs, drawings, specifications, reports, or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Notwithstanding the foregoing, performance of any services described in "Appendix A" under this contract by CONSULTANT shall not require CONSULTANT to study, investigate, consider, complete, or evaluate any designs, specifications, contract documents, reports, studies or other services provided to the LOCAL PUBLIC AGENCY by another architect, engineer or consultant, and the LOCAL PUBLIC AGENCY agrees that the CONSULTANT shall not be required to check or verify other consultants’ construction documents or reports and shall be entitled to rely based on the accuracy and completeness thereof, as well as the compliance violation of such documents or reports with applicable laws, codes, statutes, ordinances and regulations. CONSULTANT shall be responsible for all damage to life, property and consultant’s work caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULTANT pursuant to this contractordinances. To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY, AGENCY and any employees of it from and against all claims damages, losses, liabilities, and expenses, including, including but not limited to, reasonable attorney's fees arising out of or resulting from the negligent performance of the services performed under this contractAgreement, to the extent that such claim, damage, loss loss, or expense is caused in whole or in part by the negligent acts or omissions of CONSULTANT, his subcontractorsits subconsultants, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge abridge, or reduce other rights or obligations of indemnities which that would otherwise exist as to a party or person described in this paragraph. The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this contractAgreement. The CONSULTANT shall send notice of claims related to work services performed under this contract Agreement to: City of Noblesville I Department of Planning and Development 00 Xxxxx 00xx Xxxxxx, Xxxxx 000 The CONSULTANT'S 's indemnity obligations shall survive the completion, cancellation cancellation, or early termination of the Agreement.

Appears in 1 contract

Samples: Local Funded Engineering Agreement

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