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iii. Commercial General Liability Insurance covering liabilities for death and <br />personal injury and liabilities for loss of or damage to property with combined <br />single limit of $1,000,000 per occurrence, $300,000 damages to rented <br />facilities, $5,000 medical expenses, $100,000 for personal injury, and <br />$2,000,000 in the aggregate. <br />iv. Commercial Automobile Liability Insurance with a minimum $1,000,000 per <br />occurrence coverage for both bodily injury and property damage. <br />V. ENGINEER'S Professional Liability Insurance with limits of liability not less <br />than $2,000,000 per claim and in the aggregate. ENGINEER'S <br />CONSULTANT Professional Liability Insurance with limits of liability not less <br />than $1,000,000 per claim and in the aggregate. <br />vi. If the ENGINEER'S CONSULTANTS Services are to be performed within 50 <br />feet from any railroad, ENGINEER'S CONSULTANT shall obtain and present <br />to ENGINEER before the commencement of the Services a CG 2417 <br />endorsement for its Commercial General Liability coverage. Such endorsement <br />shall list ENGINEER and the Client as additional insureds. <br />12. Other,,,Provis.io,ns: The parties hereto further agree as follows: <br />(a) Limitation of Liability. In recognition of the relative risks and benefits of the <br />project to both the OWNER and the ENGINEER, the risks have been <br />allocated such that the OWNER agrees, to the fullest extent permitted by law, <br />to limit the liability of the ENGINEER and his subcontractors on the project <br />for any and all claims, losses, costs, damages of any nature whatsoever or <br />claims expenses from any cause or causes, so that the total aggregate liability <br />of the ENGINEER and his or her sub -consultants to all those named shall not <br />exceed ENGINEER's policy limits on any applicable insurance policy. Such <br />claims and causes include, but are not limited to, negligence, professional <br />errors or omissions, strict liability, and breach of contract. <br />(b) The ENGINEER shall not be responsible for delays caused by factors beyond the <br />ENGINEER's reasonable control, including but not limited to delays because of <br />strikes, lockouts, work slowdowns or stoppages, or other labor disputes; supply <br />chain delays; government ordered industry shutdowns; power or server outages; <br />widespread infectious disease outbreaks (including, but not limited to epidemics <br />and pandemics) or other natural disasters, fires, riots, war or other emergencies; <br />failure of any governmental or other regulatory authority to act in a timely manner, <br />failure of the OWNER to furnish timely information or approve or disapprove of <br />the ENGINEER's services or work product, or delays caused by faulty performance <br />by the OWNER's or by contractors of any level or discovery of any hazardous <br />substances or differing site conditions. When such delays beyond the <br />ENGINEER's reasonable control occur, the OWNER agrees that the ENGINEER <br />shall not be responsible for damages (monetary or otherwise), nor shall the <br />ENGINEER be deemed in default of this Agreement. <br />4 <br />