Professional Services Indemnity. The Design Professional shall indemnify, release, and hold harmless the Owner, its officers, members, employees, and agents, from and against all liability, damages, costs, expenses (including reasonable attorney’s fees and expenses incurred by the Owner and any of the Owner’s officers, members, employees or agents), claims, suits and judgments to the extent arising or resulting from the delivery of Professional Services under this Contract, as defined below, but such indemnity is limited to those liabilities arising from a Negligent Professional Act of the Design Professional, as defined below.
(i) For the purposes of the Professional Services Indemnity Professional Services means those services performed by a licensed professional in Design Professional's employ.
(ii) For the purposes of the Professional Services Indemnity Negligent Professional Act means a negligent act, error, or omission in the performance of Professional Services by Design Professional (or by any person or entity, including joint ventures, for whom the Design Professional is liable) that causes liability and fails to meet the applicable professional standard of care, skill and ability under similar conditions and like surrounding circumstances, as is ordinarily employed by others in their profession.
Professional Services Indemnity. The Design Builder shall indemnify, release, and hold harmless the Owner, its officers, members, employees, and agents, from and against all liability, damages, costs, expenses (including reasonable attorney’s fees and expenses incurred by the Owner and any of the Owner’s officers, members, employees or agents), claims, suits and judgments to the extent arising or resulting from the delivery of Professional Services under this Contract, as defined below, but such indemnity is limited to those liabilities arising from a Negligent Professional Act of the Design Builder, as defined below.
a. For the purposes of the Professional Services Indemnity in Subparagraph 2.1.2.6.2 above, Professional Services means those services performed by a licensed professional in Design Builder's employ.
b. For the purposes of the Professional Services Indemnity in Subparagraph 2.1.2.6.2 above, Negligent Professional Act means a negligent act, error, or omission in the performance of Professional Services by Design Builder (or by any person or entity, including joint ventures, for whom the Design Builder is liable) that causes liability and fails to meet the applicable professional standard of care, skill and ability under similar conditions and like surrounding circumstances, as is ordinarily employed by others in their profession.
Professional Services Indemnity. The Design Professional shall indemnify, release, and hold harmless the Owner, its officers, members, employees, and agents, from and against all liability, damages, costs, expenses (including reasonable attorney’s fees and expenses incurred by the Owner and any of the Owner’s officers, members, employees or agents), claims, suits and judgments to the extent arising or resulting from the delivery of Professional Services under this Contract, as defined below, but such indemnity is limited to those liabilities arising from a Negligent Professional Act of the Design Professional, as defined below.
a. For the purposes of the Professional Services Indemnity in Subparagraph 2.1.2.6.2 above, Professional Services means those services performed by a licensed professional in Design Professional's employ.
b. For the purposes of the Professional Services Indemnity in Subparagraph 2.1.2.6.2 above, Negligent Professional Act means a negligent act, error, or omission in the performance of Professional Services by Design Professional (or by any person or entity, including joint ventures, for whom the Design Professional is liable) that causes liability and fails to meet the applicable professional standard of care, skill and ability under similar conditions and like surrounding circumstances, as is ordinarily employed by others in their profession.
Professional Services Indemnity. The Design Professional shall indemnify, release, and hold harmless the GDOT, its officers, members, employees, and agents, from and against all liability, damages, costs, expenses (including reasonable attorney’s fees and expenses incurred by the GDOT and any of the GDOT’s officers, members, employees or agents), claims, suits and judgments to the extent arising or resulting from the delivery of Professional Services under this Contract, as defined below, but such indemnity is limited to those liabilities arising from a Negligent Professional Act of the Design Professional, as defined below. This indemnification survives the termination of this agreement and shall also survive the dissolution or to the extent allowed by law, the bankruptcy of the Consultant.
i. For the purposes of the Professional Services Indemnity in Subparagraph above, services means those services performed by a licensed professional employed by the Design Professional. For the purposes of the Professional Services Indemnity in Subparagraph above, Negligent Professional Act means a negligent act, error, or omission in the performance of Professional Services by Design Professional (or by any person or entity, including joint ventures, for whom the Design Professional is liable) that causes liability and fails to meet the applicable professional standard of care, skill and ability under similar conditions and like surrounding circumstances, as is ordinarily employed by others in their profession.
Professional Services Indemnity. Contractor agrees to indemnify and hold harmless Subcontractor and its partners, directors, officers, employees, agents and members, as applicable, with respect to any and all claims, losses, damages, liabilities, judgments or settlements (including but not limited to reasonable attorneys’ fees, costs and other expenses) incurred by Subcontractor on account of any Professional Services conducted by Subcontractor pursuant to this Section 8 except those arising in the ordinary course of business of performing requested services and allocated to Subcontractor by Section 8.4 hereof; provided, however, this indemnification shall not extend to cover any claims, losses, damages, liabilities, judgments or settlements (including attorneys’ fees, costs and other expenses) incurred by such indemnified persons on account of the negligence, willful misconduct or fraud of Subcontractor (or its partners, directors, officers, employees, agents or members, as applicable).
Professional Services Indemnity. The Design Professional shall indemnify, release, and hold harmless the Owner, its officers, members, employees, and agents, from and against all liability, damages, costs, expenses (including reasonable attorney’s fees and expenses incurred by the Owner and any of the Owner’s officers, members, employees or agents), claims, suits and judgments to the extent arising or resulting from the delivery of Professional Services under this Contract, as defined below, but such indemnity is limited to those liabilities arising from a Negligent Professional Act of the Design Professional, as defined below.
a. For the purposes of the Professional Services Indemnity in Subparagraph 1.2.4.6.2 above, Professional Services means those services performed by a licensed professional in Design Professional's employ or a person performing under the supervision of the licensed professional
b. For the purposes of the Professional Services Indemnity in Subparagraph 1.2.4.6.2 above, Negligent Professional Act means a negligent act, error, or omission in the performance of Professional Services by Design Professional (or by any person or entity, including joint ventures, for whom the Design Professional is liable) that causes liability and fails to meet the applicable Standard of Care set forth at Paragraph 1.2.4.6.1.
Professional Services Indemnity. Contractor shall indemnify and hold harmless the City of Portland, its officers, agents, and employees, from all claims, demands, suits, and actions for all losses, damages, liabilities, costs and expenses (including all attorneys’ fees and costs), resulting from or arising out of the negligent actions, errors, or omissions of Contractor or its officers, employees, Subcontractors, or agents in the performance of professional Services under this Price Agreement.
Professional Services Indemnity. For any claim alleging or arising out of a breach by Consultant of the Standard of Care in performing its Services, Consultant shall indemnify and hold harmless Owner and its affiliates, successors, assignees, agents, representatives, employees, officers, directors, trustees and faculty from and against all claims, damages, liabilities, injuries, losses and expenses (including but not limited to attorneys’ fees and expenses) arising out of or resulting from Consultant’s or sub-consultants’ negligent errors, acts or omissions. Consultant shall not be obligated to defend Owner or its respective successors, assignees, agents, representatives, employees, officers, directors, trustees and faculty against claims of negligent errors, acts or omissions in Consultant’s professional services, but Consultant shall fully reimburse Owner and its respective successors, assignees, agents, representatives, employees, officers, directors, trustees and faculty for all court costs, attorneys’ fees and other expenses Owner and its related entities incur if any court, arbitrator, or other finder of fact determines that Consultant or sub-consultants breached the Standard of Care in providing professional services.
Professional Services Indemnity. In any claim alleging or arising out of a breach by Architect or Architect’s Consultants of the Standard of Care in performing design or other professional services, Architect shall indemnify and hold harmless Owner and its successors, assignees, agents, representatives, employees, officers and trustees from and against all claims, damages, liabilities, injuries, losses and expenses (including but not limited to attorneys’ fees and expenses) arising out of or resulting from Architect’s or Architect’s Consultants’ negligent errors, acts or omissions. Architect shall not be obligated to defend Owner or its respective affiliates, successors, assignees, agents, representatives, employees, officers, trustees, directors and faculty against claims of negligent errors, acts or omissions in Architect’s or Architect’s Consultants’ professional services, but Architect shall fully reimburse Owner and its respective affiliates, successors, assignees, agents, representatives, employees, officers, trustees, directors and faculty for all attorneys’ fees and expenses Owner and its related entities incur if any court, arbitrator, or other finder of fact determines that Architect or Architect’s Consultants breached the Standard of Care in providing professional architectural services.
Professional Services Indemnity. Notwithstanding anything contained in the forgoing indemnity, any claim for indemnity by the City for claims of third parties alleging harm due to the professional services provided by Service Provider, to the fullest extent permitted by law, Service Provider shall indemnify City from and against losses, damages, and judgments arising from such claims by third parties, but only to the extent they are found to have been caused by a negligent act, error or omission of Service Provider or its sub-Service Providers in the performance of professional services under this Agreement. For the purposes of this Professional Services Indemnity, “professional services” means those services performed by a licensed professional employed by Service Provider or a person performing such services under the direct supervision of a licensed professional.
