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.
Appears in 9 contracts
Samples: Design Build Contract, Design Build Contract, Design Build Contract
Professional Services Indemnity. The Design 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 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 Design-Builder's ’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 Design-Builder (or by any person or entity, including joint ventures, for whom the Design 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.
Appears in 1 contract
Samples: Construction Contract
Professional Services Indemnity. The Design 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 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 Design-Builder's ’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 Design-Builder (or by any person or entity, including joint ventures, for whom the Design 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.
Appears in 1 contract
Samples: Design Build Contract