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<br />B. Professional Liability Indemnity <br /> <br />Engineer hereby agrees to indemnify and hold The Owner and Merico <br />harmless from any and all Loss caused or incurred as a resUlTOf' <br />the error, omission or negligent act of The Engineer in performance <br />of the professional engineering services required pursuant to this <br />Agreement, including such Loss as may be imposed upon The Owner or <br />Merica, as a matter of Law by reason of any such error, omission, <br />or negligent act of The Engineer. <br /> <br />C. Ge~eral Indemnity <br /> <br />Engineer hereby agrees to indemnify and hold The Owner and Merico <br />harmless from and against any 1 iabil ity to, and claims and actions <br />by any person or persons, exc 1 udi ng Ci ty and heri co, for or on <br />account of any death or injury to any person or persons, including, <br />,lithout limitation, any officials, officers, partners, employees, <br />agents, consul tants, contractors and subcontractors of Ci ty, <br />Merica, and Contractors and Subcontractors, or any damage to <br />property, and from all judgments or amounts paid in settlement and <br />for all expenses incurred by City or Merica in defending such <br />claims and actions by others other than City or Merico, including <br />reasonable attorney fees and court costs, ~Ihere sllch liabilit:, <br />claims, actions or expenses are caused or incurred, by any actu. <br />act, failure to act, negligence or other fault on the part of The <br />Engi neer. <br /> <br />The provisions of this Paragraph C, shall not apply to loss <br />resulting out of The Engineer's error, omission, or negligent act <br />in performance of professional engineering services. <br /> <br />D. General Limitation <br /> <br />Nothing in this article shall be deemed to impose liability on <br />Engineer to indemnify The Owner or Merico for Loss or portion of <br />Loss attributable to the fault of The Owner or Merico. <br /> <br />ARTICLE XV - Casualty Insurance <br /> <br />A. Engineer hereby agrees to maintain insurance underwritten by <br />solvent insurance companies authorized to do business in the State <br />of Texas, with Best Rating of "A". This insurance shall at a <br />minimum provide coverage for the following: <br /> <br />1. <br /> <br />The 1 ega 1 1 i abil ity <br />sation Act for all <br />Benefit Statute or <br /> <br />of Engi neer under the Workers' Compen- <br />states, and under any other Employee <br />similar law, to pay claims for bodily <br /> <br />8 <br />