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<br /> ARTICLE 9 <br /> MISCELLANEOUS PROVISIONS <br /> 9.1 Unless otherwise specified, this Agreement shall be <br /> governed by the law of the principal place of business of the <br /> Owner. <br /> 9.2 Terms in this Agreement shall have the same meanings as <br /> those in the Contract Documents executed by the Owner and <br /> Contractor for this project. <br /> 9.3 As between the parties to this Agreement: as to all <br /> acts or failures to act by either party to this Agreement, any <br /> applicable statute of limitations shall commence to run and any <br /> alleged cause of action shall be deemed to have accrued in any and <br /> all events when the party commencing said cause of action knew or <br /> should have known of the existence of the subject acts(s) or <br /> failure(s) to act. <br /> 9.4 The Engineer hereby agrees to protect, defend, indemnify <br /> and hold the Owner and its employees, agents, officers and <br /> servants free and harmless from any and all losses, claims, liens, <br /> demands and causes of action of every kind and character <br /> including, but not limited to, the amounts of judgments, <br /> penalties, interests, court costs, legal fees, and all other <br /> expenses incurred by the Owner arising in favor of any party, <br /> including claims, liens, debts, personal injuries, including <br /> employees of the Owner, death or damages to property (including <br /> property of the Owner) and without limitation by enumeration, all <br /> other claims or demands of every character occurring, resulting, <br /> or arising from any negligent act, error or omission of the <br /> Engineer and/or its agents and/or employees only to the extent of <br /> the liability of the Engineer, its agents and/or employees. The <br /> Engineer agrees to make an initial investigation and report to <br /> Owner about any such claim, demand, or suit. This provision is <br /> not intended to create any cause of action in favor of any third <br /> party against the Engineer or the Owner or to enlarge in any way <br /> the Engineer's liability but is intended to provide for <br /> indemnification of the Owner from liability for damages or <br /> injuries to third persons or property arising from Engineer's <br /> performance hereunder and only in proportion to the Engineer's <br /> -23- <br />