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<br />Agreement. <br /> <br />Such amount shall be paid by the Owner upon the Engineer's <br /> <br />delivering <br /> <br />or <br /> <br />otherwise making <br /> <br />available <br /> <br />to <br /> <br />the <br /> <br />Owner, <br /> <br />all <br /> <br />data, <br /> <br />drawings, specifications, reports, estimates, summaries, and such other <br /> <br />information and materials as may have been accumulated by the Engineer <br /> <br />in <br /> <br />performing <br /> <br />the <br /> <br />services <br /> <br />included <br /> <br />in <br /> <br />this <br /> <br />Agreement, <br /> <br />whether <br /> <br />completed or in progress. <br /> <br />The expense of the reproduction of these <br /> <br />items shall be borne by the Owner. <br /> <br />ARTICLE 9 <br /> <br />MISCELLANEOUS PROVISIONS <br /> <br />9.1 <br /> <br />Unless otherwise specified, this Agreement shall be governed <br /> <br />by the law of the principal place of business of the Owner. <br /> <br />9.2 <br /> <br />Terms in this Agreement shall have the same meanings as those <br /> <br />in <br /> <br />the <br /> <br />construction <br /> <br />contract <br /> <br />documents <br /> <br />executed <br /> <br />by <br /> <br />the <br /> <br />Owner <br /> <br />and <br /> <br />Contractor for this project. <br /> <br />9.3 <br /> <br />As between the parties to this Agreement, as to all acts or <br /> <br />failures to act by either party to this Agreement, <br /> <br />any applicable <br /> <br />statute of limitations shall commence to run and any alleged cause of <br />action shall be deemed to have accrued in any and all events when the <br /> <br />party commencing said cause of action knew or should have known of the <br /> <br />existence of the subject acts(s) or failure(s) to act. <br /> <br />Indemnification: <br /> <br />9.4 <br /> <br />The <br /> <br />ENGINEER <br /> <br />hereby <br /> <br />assumes <br /> <br />the <br /> <br />risk <br /> <br />of <br /> <br />and <br /> <br />agrees <br /> <br />to <br /> <br />indemnify <br /> <br />and <br /> <br />hold harmless <br /> <br />OWNER <br /> <br />against <br /> <br />all <br /> <br />liability, <br /> <br />damages, <br /> <br />expenses, <br /> <br />attorney's <br /> <br />fees and costs <br /> <br />for injuries to and deaths of <br /> <br />persons whomsoever, including employees of OWNER and ENGINEER, and all <br /> <br />damages to and destruction of property whosesoever, including property <br /> <br />of OWNER and ENGINEER, resulting from ENGINEER' negligent performance <br /> <br />of work in connection with this project (as specified and required in <br /> <br />this contract) unless caused solely and directly by the negligence of <br /> <br />OWNER, its agents or employees or resulting from the joint negligence <br /> <br />of OWNER, <br /> <br />its agents or employees and any third party or parties, <br /> <br />unmixed with any negligence or fault of the ENGINEER. <br /> <br />ENGINEER <br /> <br />agrees <br /> <br />to investigate, handle, respond to, provide defense for and defend any <br /> <br />such claims, demands, or suits at ENGINEER'S sole expense and agrees to <br /> <br />bear all other costs and expenses related thereto, if said claims are <br /> <br />-15- <br />