Res 1986-093 - Laserfiche WebLink

Home Browse Search

10.3 As between the part~es to th~s Agreement, as to alL acts or failures to act DY either party to this Agreement, any applicabLe statute of limitat~ons shaLL commence to run and any alLeged cause of action shall be deemed to have accrued ~n any and aLL events when the party commencing sa~d cause of action knew or should have known of the existence of the subject acts(s) or failure(s) to act. 10.4 The ARCHITECT hereDY agrees to protect, defend, indemnify ana hOLd the OWNER and its employees, agents, officers and servants free and harmless from any and all losses, c.laims, liens, demandS and causes of action of every kind and character ~ncluding, but not limited to, the amounts of judgments, penalt~es, interests, court costs, .legaL fees, and alL other expenses ~ncurred by the OWNER aris~ng ~n favor of any party, inC.lUding cla~ms, liens, debts, personal inJur~es, including emp.loyees of the OWNER, death or damages to property (incLud~ng property of the OWNER) and w~thout limitation by enumeration, all other cla~ms or demands of every character occurr~ng, resulting, or ar~sing from any negl~gent act, error or omiss~on of the ARCHITECT and/or its agents and/or emp.loyees only to the extent of the .liab~l~ty of the ARCHITECT, ~ts agents and/or employees. The ARCHITECT agrees to make an in~t~a.l investigat~on and report to OWNER about any such cla~m, demand, or su~t. Th~s provision is not ~ntended to create any cause of action in favor of any third party against the ARCHITECT or the OWNER or to enLarge in any way the ARCHITECT's liab~lìty but ~s intended to prov~de for indemnificat~on of the Œ'lNER from l~ab~lity for damages or inJur~es arising from ARCHITECT's performance hereunder and on.ly ~n proportion to the ARCHITECT's negL~gence. The indemnity requ~red hereunder shaLl not be l~m~ted by reason of the specif~cat~on of any particular insurance coverage in this Agreement. ARCHITECT further agrees to obta~n from its contractors, subcontractors and consultants, if any, the same indemnification of OWNER ~n wr~t~ng which is set forth hereinabove. 10.5 The ARCHITECT agrees to procure and ma~ntain at ~ts expense until f~na.l payment bY the OWNER for services covered by this Agreement, insurance ~n the kinds and amounts hereinafter prov~ded with insurance companies authorized to dO business ~n the State of Texas, covering alL operations under this Agreement, whether performed by ~t or its agents or employees. Before cornmenc~ng the Work the ARCHITECT -14-