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<br />or implied, is included in this Agreement or in any Task
<br />Order, drawing, specification, report, opinion, or other
<br />instrument of service, in any form or media, produced in
<br />connection with the Services.
<br />
<br />and subsidiary entities, directors, officers and employees as
<br />additional insureds on their General and Automobile Liability
<br />insurance policies, and to indemnify both Owner and HNTB,
<br />each to the same extent.
<br />
<br />ARTICLE 8 -INDEMNIFICATION AND LIABILITY
<br />A. Having considered the potential liabilities that may exist C. HNTB and Owner waive all rights against each other and
<br />during the performance of the Services, the relative benefits their directors, officers, partners, commissioners, officials,
<br />and risks of the Project, and HNTB's fee for the Services, agents, and employees for damages covered by property
<br />and in consideration of the promises contained in this insurance during and after the completion of the Services. If
<br />Agreement, Owner and HNTB agree to allocate and limit the Services result in any construction related to the Project,
<br />such liabilities in accordance with this Article. a similar provision shall be incorporated into all construction
<br />contracts entered into by Owner and shall protect Owner and
<br />. . HNTB to the same extent.
<br />B. HNTB agrees to indemnify and hold the Owner harmless
<br />from and against legal liability for all judgments, losses,
<br />damages, and expenses to the extent such judgments,
<br />losses, damages, or expenses are caused by HNTB's
<br />negligent acts, errors, or omissions arising out of its
<br />performance of the Services. In the event judgments,
<br />losses, damages, or expenses are caused by the joint or
<br />concurrent negligence of HNTB and Owner, they shall be
<br />borne by each party in proportion to its own negligence.
<br />
<br />ARTICLE 10 - LIMITATIONS OF RESPONSIBILITY
<br />A. HNTB shall not be responsible for (a) construction
<br />means, methods, techniques, sequences, procedures, or
<br />safety precautions and programs in connection with the
<br />Project; (b) the failure of any contractor, subcontractor,
<br />vendor, or other Project participant, not under contract to
<br />HNTB, to fulfill contractual responsibilities to Owner or to
<br />comply with federal, state, or local laws, regulations, and
<br />codes; or (c) procuring permits, certificates, and licenses
<br />. required for any construction unless such procurement
<br />? :':0 the fullest exte.nt permitted by law, the total aggregate responsibilities are specifically assigned to HNTB in a Task
<br />liability of HNTB and Its subconsultants to Owner for all 0 d - --
<br />judgments, losses, damages, and expenses resulting in any r er.
<br />way from the performance of the Services shall not exceed
<br />the total compensation actually received by HNTB for Task
<br />Orders completed under this Agreement.
<br />
<br />B. In the event the Owner requests HNTB to execute any
<br />certificates or other documents, the proposed language of
<br />D T th ~ II t t t .tt d b I HNTB hilt b such certificates or documents shall be submitted to HNTB
<br />.' 0 e u es ex en perml e .y aw, s a .no . e for review at least 15 days prior to the requested date of
<br />liable to Owner for any consequential damages resulting In exec t' n HNTB h II t b . d t t
<br />. U 10 . S a no e require 0 execu e any
<br />any way from the performance of the Services. rt'fi t d t th t' Id ' HNTB'
<br />ce I ca es or ocumen s a In any way wou ,In s
<br />sole judgment, (a) increase HNTB's legal or contractual
<br />obligations or risks; (b) require knowledge, services or
<br />responsibilities beyond the scope of this Agreement; or (c)
<br />result in HNTB having to certify, guarantee or warrant the
<br />existence of conditions whose existence HNTB cannot
<br />ascertain.
<br />
<br />E. The terms and conditions of this Article shall survive
<br />completion of the Services, or any termination of this
<br />Agreement.
<br />
<br />ARTICLE 9 - INSURANCE
<br />A. During the term of this Agreement, HNTB shall maintain
<br />the following insurance:
<br />(1) General Liability Insurance, with a limit of $1 ,000,000 per
<br />occurrence and $2,000,000 annual aggregate. ARTICLE 11 - OPINIONS OF COST AND SCHEDULE
<br />
<br />(2) Automobile Liability Insurance, with a combined single
<br />limit of $1 ,000,000 for each person and $1,000,000 for
<br />each accident.
<br />(3) Workers' Compensation Insurance in accordance with
<br />statutory requirements and Employers' Liability
<br />Insurance, with a limit of $500,000 for each occurrence.
<br />
<br />Because HNTB has no control over the cost of labor,
<br />materials, or equipment furnished by others, or over the
<br />resources provided by others to meet Project schedules,
<br />HNTB's opinion of probable costs and of Project schedules, if
<br />any, shall be made on the basis of experience and
<br />qualifications as a practitioner of its profession. HNTB does
<br />not guarantee that proposals, bids, or actual Project costs
<br />will not vary from HNTB's cost estimates or that actual
<br />schedules will not vary from HNTB's projected schedules.
<br />
<br />(4) Professional Liability Insurance, with a limit of
<br />$1,000,000 per claim and annual aggregate.
<br />
<br />B. HNTB shall, upon written request, furnish Owner
<br />certificates of insurance which shall include a provision that ARTICLE 12 - REUSE OF DOCUMENTS
<br />such insurance shall not be canceled without at least thirty All documents, including, but not limited to, plans, drawings,
<br />days' written notice to Owner. Owner shall require all Projectand specifications prepared by HNTB as deliverables
<br />contractors to include Owner, HNTB, and its parent pursuant tothe Scope of Services are instruments of service
<br />company, affiliated and subsidiary entities, directors, officers in respect to the Project. They are not intended or
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<br />9/24/2008
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