Common use of Liability of the Consultant Clause in Contracts

Liability of the Consultant. To the fullest extent permitted by law, in addition to any liability or obligations of the Consultant to the Fund that may exist under any other provisions of this Agreement or by statute or otherwise, the Consultant shall assume all risks of liability for its performance, and that of any of its officers, employees, suppliers, subconsultants, subcontractors or agents, and shall be solely responsible and liable for all liabilities, losses, damages, costs or expenses, including attorney’s fees, arising from any claim, action or proceeding relating to or in any way connected with the performance of this Agreement and covenants and agrees to defend if requested, indemnify and hold harmless the State of New York, State University of New York, the Fund, its agents, officers and employees, from any and all liability, demands, claims, suits, causes of action and losses of whatever kind and nature, arising out of or in connection with its performance of any service or contract resulting from this Agreement, including negligence, active or passive or improper conduct of the Consultant, its officers, subconsultants, agents, suppliers, subcontractor or employees, errors or omissions of the Consultants, its subconsultants, suppliers, agents or employees, or the failure by the Consultant, its officers, subconsultants, agents, subcontractors or employees to perform any obligations or commitments to the State of New York, the State University of New York, the Fund, its agents, officers, and employees, or third parties arising out of or resulting from the Agreement, the performance of the services, or the work. To the fullest extent permitted by law, the Consultant shall also indemnify the State of New York, State University of New York, the Fund, its agents, officers and employees for breach of contract not related to professional services. The Consultant represents it and its subconsultants, subcontractors, agents, employees and officers shall possess the license, experience, knowledge and character necessary to qualify them individually for the particular duties they perform in connection with the Project. For the purpose of this Agreement, the terms “inspection” and/or “administration” shall not be interpreted as the Consultant’s guarantee of any contractor’s workmanship or that such contractors will not breach their construction contract. Prior to the commencement of the work to be performed by the Consultant, the Consultant shall submit to the Fund, certificates of insurance showing evidence of compliance with all insurance requirements contained in the Agreement. Certificates of Insurance (with the exception of Workers’ Compensation and Disability) must be provided on an XXXXX 25 Certificate of Insurance, or an equivalent form. Certificates of Insurance shall disclose any deductible, self insured retention, aggregate limit or any exclusion to the policy that materially changes the coverage required by the contract; specify the additional insureds and named insureds as required therein; and be signed by an authorized representative of the insurance carrier or producer. Deductibles or self-insured retentions above $250,000 are subject to approval by the Fund and additional security may be required. . Only original documents with original signatures will be accepted for those documents not emailed directly by the insurance carrier or agent, to XXXXxxxxxxxxx@xxxx.xxx. All insurance shall provide that the required coverage apply on a primary and not on an excess or contributing basis as to any other insurance that may be available to the Fund for any claim arising from the Consultant’s work under this Agreement, or as a result of Consultant’s activities.

Liability of the Consultant. To the fullest extent permitted by law, in addition to any liability or obligations of the Consultant to the Fund that may exist under any other provisions of this Agreement or by statute or otherwise, the Consultant shall assume all risks of liability for its performance, and that of any of its officers, employees, suppliers, subconsultants, subcontractors or agents, and shall be solely responsible and liable for all liabilities, losses, damages, costs or expenses, including attorney’s fees, arising from any claim, action or proceeding relating to or in any way connected with the performance of this Agreement and covenants and agrees to defend if requested, indemnify and hold harmless the State of New York, State University of New York, the Fund, its agents, officers and employees, from any and all liability, demands, claims, suits, causes of action and losses of whatever kind and nature, arising out of or in connection with its performance of any service or contract resulting from this Agreement, including negligence, active or passive or improper conduct of the Consultant, its officers, subconsultants, agents, suppliers, subcontractor or employees, errors or omissions of the Consultants, its subconsultants, suppliers, agents or employees, or the failure by the Consultant, its officers, subconsultants, agents, subcontractors or employees to perform any obligations or commitments to the State of New York, the State University of New York, the Fund, its agents, officers, and employees, or third parties arising out of or resulting from the Agreement, the performance of the services, or the work. To the fullest extent permitted by law, the Consultant shall also indemnify the State of New York, State University of New York, the Fund, its agents, officers and employees for breach of contract not related to professional services. The Consultant represents it and its subconsultants, subcontractors, agents, employees and officers shall possess the license, experience, knowledge and character necessary to qualify them individually for the particular duties they perform in connection with the Project. For the purpose of this Agreement, the terms “inspection” and/or “administration” shall not be interpreted as the Consultant’s guarantee of any contractor’s workmanship or that such contractors will not breach their construction contract. Prior to the commencement of the work to be performed by the Consultant, the Consultant shall submit to the Fund, certificates of insurance showing evidence of compliance with all insurance requirements contained in the Agreement. Certificates of Insurance (with the exception of Workers’ Compensation and Disability) must be provided on an XXXXX 25 Certificate of Insurance, or an equivalent form. Certificates of Insurance shall disclose any deductible, self insured retention, aggregate limit or any exclusion to the policy that materially changes the coverage required by the contract; specify the additional insureds and named insureds as required therein; and be signed by an authorized representative of the insurance carrier or producer. Deductibles or self-insured retentions above $250,000 are subject to approval by the Fund and additional security may be required. . Only original documents with original signatures will be accepted for those documents not emailed directly by the insurance carrier or agent, to XXXXxxxxxxxxx@xxxx.xxxXXXX.xxxxxxxxx@xxxx.xxx. All insurance shall provide that the required coverage apply on a primary and not on an excess or contributing basis as to any other insurance that may be available to the Fund for any claim arising from the Consultant’s work under this Agreement, or as a result of Consultant’s activities.

Liability of the Consultant. To the fullest extent permitted by law, in addition to any liability or obligations of the Consultant to the Fund that may exist under any other provisions of this Agreement or by statute or otherwise, the Consultant shall assume all risks of liability for its performance, and that of any of its officers, employees, suppliers, subconsultants, subcontractors or agents, agents and shall be solely responsible and liable for all liabilities, losses, damages, costs or expenses, including attorney’s 's fees, arising from any claim, action or proceeding relating to or in any way connected with the performance of this Agreement Agreement, including specifically Work Order Assignments, and covenants and agrees to defend if requested, indemnify and hold harmless the State of New York, State University of New York, the Fund, its agents, officers and employees, from any and all liability, demands, claims, suits, causes of action and losses of whatever kind and nature, arising out of or in connection with its performance of any service or contract resulting from this Agreement, including negligence, active or passive or improper conduct of the Consultant, its officers, subconsultants, agents, suppliers, subcontractor subcontractors or employees, errors or omissions of the Consultants, its subconsultants, suppliers, agents or employees, or the failure by the Consultant, its officers, subconsultants, agents, subcontractors or employees to perform any obligations or commitments to the State of New York, the State University of New York, the Fund, its agents, officers, and employees, or third parties arising out of or resulting from the this Agreement, the performance of the services, or the workwork performed pursuant to a Work Order Assignment. To the fullest extent permitted by law, the Consultant shall also indemnify the State of New York, State University of New York, the Fund, its agents, officers and employees for breach of contract not related to professional services. The Consultant represents it and its subconsultants, subcontractors, agents, employees and officers shall possess the license, experience, knowledge and character necessary to qualify them individually for the particular duties they perform in connection with the Project. For the purpose of this Agreement, the terms “inspection” and/or “administration” shall not be interpreted as the Consultant’s guarantee of any contractor’s workmanship or that such contractors will not breach their construction contract. Prior to the commencement of the work to be performed by the Consultant, the Consultant shall submit to the Fund, certificates of insurance showing evidence of compliance with all insurance requirements contained in the Agreementcontract. Certificates of Insurance (with the exception of Workers’ Compensation and Disability) must be provided on an XXXXX 25 Certificate of Insurance, Insurance or an equivalent formdocument. Certificates of Insurance shall disclose any deductible, self insured retention, aggregate limit or any exclusion to the policy that materially changes the coverage required by the contract; specify the additional insureds and named insureds as required therein; and be signed by an authorized representative of the insurance carrier or producer. Deductibles or self-insured retentions above $250,000 are subject to approval by the Fund and additional security may be required. . Only original documents with original signatures will be accepted for those documents not emailed directly by the insurance carrier or agent, to XXXXxxxxxxxxx@xxxx.xxx. All insurance shall provide that the required coverage apply on a primary and not on an excess or contributing basis as to any other insurance that may be available to the Fund for any claim arising from the Consultant’s work under this Agreement, or as a result of Consultant’s activities.

Liability of the Consultant. To the fullest extent permitted by law, in addition to any liability or obligations of the Consultant to the Fund that may exist under any other provisions of this Agreement or by statute or otherwise, the Consultant shall assume all risks of liability for its performance, and that of any of its officers, employees, suppliers, subconsultants, subcontractors or agents, and shall be solely responsible and liable for all liabilities, losses, damages, costs or expenses, including attorney’s fees, arising from any claim, action or proceeding relating to or in any way connected with the performance of this Agreement and covenants and agrees to defend if requested, indemnify and hold harmless the State of New York, State University of New York, the Fund, its agents, officers and employees, from any and all liability, demands, claims, suits, causes of action and losses of whatever kind and nature, arising out of or in connection with its performance of any service or contract resulting from this Agreement, including negligence, active or passive or improper conduct of the Consultant, its officers, subconsultants, agents, suppliers, subcontractor or employees, errors or omissions of the Consultants, its subconsultants, suppliers, agents or employees, or the failure by the Consultant, its officers, subconsultants, agents, subcontractors or employees to perform any obligations or commitments to the State of New York, the State University of New York, the Fund, its agents, officers, and employees, or third parties arising out of or resulting from the Agreement, the performance of the services, or the work. To the fullest extent permitted by law, the Consultant shall also indemnify the State of New York, State University of New York, the Fund, its agents, officers and employees for breach of contract not related to professional services. The Consultant represents it and its subconsultants, subcontractors, agents, employees and officers shall possess the license, experience, knowledge and character necessary to qualify them individually for the particular duties they perform in connection with the Project. For the purpose of this Agreement, the terms “inspection” and/or “administration” shall not be interpreted as the Consultant’s guarantee of any contractor’s workmanship or that such contractors will not breach their construction contract. Prior to the commencement of the work to be performed by the Consultant, the Consultant shall submit to the Fund, certificates of insurance showing evidence of compliance with all insurance requirements contained in the Agreement. Certificates of Insurance (with the exception of Workers’ Compensation and Disability) must be provided on an XXXXX 25 Certificate of Insurance, or an equivalent form. Certificates of Insurance shall disclose any deductible, self insured retention, aggregate limit or any exclusion to the policy that materially changes the coverage required by the contract; specify the additional insureds and named insureds as required therein; and be signed by an authorized representative of the insurance carrier or producer. Deductibles or self-insured retentions above $250,000 are subject to approval by the Fund and additional security may be required. . Only original documents with original signatures will be accepted for those documents not emailed directly by the insurance carrier or agent, to XXXXxxxxxxxxx@xxxx.xxxaccepted. All insurance shall provide that the required coverage apply on a primary and not on an excess or contributing basis as to any other insurance that may be available to the Fund for any claim arising from the Consultant’s work under this Agreement, or as a result of Consultant’s activities.