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<br />
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<br />Santa Ana
<br />
<br />City of
<br />consultant(s)
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<br />the Project or this
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<br />
<br />.
<br />y the negligent acts,
<br />rovisions of Section 2782.8
<br />failure of any contractor to
<br />
<br />governmental agencies.
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<br />Notwithstanding anything to the
<br />
<br />or the failure to provide other
<br />ject Consultant’s or its sub
<br />consultant(s) individual employees, officers or
<br />-tant having to certify the existence of conditions
<br />
<br />
<br />
<br />igation to indemnify arises out of Indemnitor’s performance
<br />or its sub
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<br />
<br />termination of this Agreement.
<br />
<br />oyees, officers, directors, members, partners, agents and
<br />ion means, methods, techniques, sequences or procedures, including
<br />s, and costs (including reasonable and necessary attorneys' fees,
<br />
<br />Notwithstanding any other provisions in this Agreement, Client and
<br />
<br />Review
<br />It is intended by the parties to this Agreement that Consultant or its sub
<br />
<br />:
<br />Peer
<br />To the extent permitted by law, the total liability, in the aggregate, of Consultant and
<br />
<br />:
<br />
<br />waive consequential damages against the other party.
<br />
<br /> onsultant shall not be required to execute certificates, consents or reliance letters that would
<br />ability
<br />C
<br />
<br />each
<br />Notwithstanding completion or termination of this Agreement for any reason, all rights, duties and
<br />: Consultant and Client each agrees to indemnify and hold harmless the other (Indemnitor and
<br />
<br />
<br />and Technical Study
<br />
<br />ained herein, Client agrees that as Client’s sole and exclusive remedy, any claim, demand or suit shall
<br />trary set forth herein, the foregoing waiver shall not apply if the consequential damages are covered by
<br />atters beyond its reasonable control; for inaccurate information provided to it by Client or other
<br />Survival:obligations of the parties to this Agreement shall survive such completion or termination and remain in full force and effect until fulfilled hereunder and RISK ALLOCATION Waiver
<br /> of Consequential Damages:Consultant conConsultant’s insurance policy. IndemnityIndemnitee), and their respective principals, officers, directors, partners, employees, and any other
<br /> entity or person for which Indemnitor and Indemnitee is legally liable, from and against any damages, losses, liabilities, judgments, settlements, expensecosts and expenses recoverable
<br /> under applicable law), that Indemnitee incurs as a result of third party claims, demands, actions, suits or matters connected therewith, to the extent caused berrors or omissions, or
<br /> willful misconduct of Indemnitor in the performance of services under this Agreement and any other entity or person for which the Indemnitor is legally liable.Notwithstanding the foregoing,
<br /> if Indemnitor’s oblof services for the Project as a “design professional,” as that term is defined in California Civil Code Section 2782.8, Indemnitor’s indemnity obligation shall be
<br /> limited in accordance with the pas it was in effect as of the date of this Agreement.Waiver of Personal Liabilityconsultant(s) services in connection with this Project shall not subindividual
<br /> employees, officers or directors to any personal legal exposure for the risks associated with the Project or this Agreement, or any Addenda. Therefore, and notwithstanding anything
<br /> to the contrary contbe directed and/or asserted only against Consultant, a California corporation or its incorporated subconsultant(s), and not against any of Consultant’sdirectors.
<br /> Consultant will be legally liable for only the services expressly undertaken pursuant to this Agreement, and not otherwise. Consultant will not be legally liable for the providing of,
<br /> services, even if information from others is incorporated into Consultant's instruments of service for ease of reference or otherwise. Further, and without limitation, Consultant will
<br /> not be responsible for delays or other mreasonably reliable sources; for site conditions of which it was not informed; for hazardous materials or toxic substances at the Project site;
<br /> for constructwithout limitation excavation, shoring, demolition or erection procedures or construction safety precautions and programs; for the timeliness or quality of contractor performance
<br /> or for theperform work in accordance with the Project’s construction documents; or for actions or inaction of third parties including other consultants, utility companies and governmental
<br /> or quasiLimitation of Liits employees, officers, directors, members, partners, agents, and consultants, to Client, its subsidiary and/or affiliated companies and its respective emplanyone
<br /> claiming by, through, or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of, resulting from or in any way related to Consultant’s
<br /> services,Agreement, or any addenda, from any cause or causes whatsoever, including but not limited to, negligence, strict liability, breach of express or implied contract or warranty
<br /> shall not exceed a total amount of $50,000.Certification:require knowledge, services or responsibilities beyond the scope of this Agreement, and shall not be required to sign any documents
<br /> that would result in Consulwhose existence Consultant cannot reasonably ascertain beyond its standard of care
<br />
<br />3.1.2.3.4.5.6.
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<br />V.Proposal for CEQA Related Bristol Specific Plan
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