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6. 1-4 . Incieinnity - T1.e Owner will require that any contruction <br />calitractor or subcontractors performing work in con- <br />nec t ion with drawings arid spec if icat ions produced <br />undez- ttiis Agrcement= to hold harmless, indemnify and <br />defet:d, the C1car.er aricl this Engineer, their consultants <br />and eac.li of their off icers, agents, and employees from <br />any anc( all lir_ibility clainis, losses or damage arising <br />c.~ut: oL or allc>ged to arise from~ the Contractor.'s (az• <br />subcoiitractor's) negligence in the performance of the <br />work describecl in ttie construction contract documents, <br />but not including liability tliat may be due to the <br />sole negligence of the Owner, the Engineer, their <br />consultants or thei.r officers, agents and employees. <br />6.2. Limitation of LiabiLity - The Owner agrees that the <br />Engineer shall not be lleld answerable or liable for <br />real or alleged damages caused by delays in the per- <br />formance of tllis contract which arise out of events <br />beyond his coiltrol. <br />The Owner agrces to liniiL the Engineer's liability <br />to thc Owner and to all construction contracto'rs and <br />subcontractors on tlle pro ject, due to the Enpirieer's <br />professional negligent acts, errors or omissions, <br />sucYl tliat the total aggregate liability of the Engineer <br />to tiiose ii<imed stiall Ilot exceed Fifty Thousand Dollars <br />($50,000) or ttie Enbineer's total design fee for ser- <br />vices rendered on tliis prvject, whichever is greater. <br />Providecl turther, tllat if this Engineer does not pro- <br />vicle the engineer iilg pro ject related Step 3 construc- <br />tioil scrvices, a»d utl-site observations, the Owner shall <br />defend and hold him harmless of all real or imaginary <br />clai_ius wliicli may arise Crom the construction of the <br />project herein desi.gned. <br />603. Chwnersliip of Drawings - All drawings, specifications <br />and otller work product c,f the Engineer for this pro- <br />ject are instrurnents of service for this project only <br />and sliall reniaiil the prvperty of tYie Owner whether <br />the pro ject i.s corripleted or not, Reuse of any of the <br />instruments of service of the Engineer by the Owner <br />on extensioc:s uC this project or on any oCher project <br />without thc wrilten permission of the Engineer shall <br />bc at the Uwncr's r isk and the Owner agrees to defend, <br />iriden.nify and hold harmless the Engi.neer from all <br />cl.aims, damages, ancl expenses, including attorneys' <br />fees arisin~ out of- such unauthorized reuse of the <br />Eziginecr's iiistrun;eiits of service by the Otaner or by <br />other. s acting through the (lwner. Article 7. - Getleral Provi.sions <br />7.1. Delegation of Duties - Neither the Owner nor the <br />E'ngiilcer shall delegate his duties under this Agreement <br />without the written consent of the other. <br />-13- <br />