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<br />8.2 <br /> <br />Terms in this Agreement shall have the same meanings as those <br /> <br />in the 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 />8.3 <br /> <br />As <br /> <br />between <br /> <br />the parties to this Agreement, as to all acts or <br /> <br />failures to act by either <br /> <br />party <br /> <br />to <br /> <br />this <br /> <br />Agreement, <br /> <br />any <br /> <br />applicable <br /> <br />statute <br /> <br />of <br /> <br />limitations shall commence to run and any alleged cause of <br /> <br />action shall be deemed to have accrued in any and all events <br /> <br />when <br /> <br />the <br /> <br />party <br /> <br />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 />8.4 <br /> <br />The Engineer hereby agrees to protect, defend, indemnify <br /> <br />and <br /> <br />hold <br /> <br />the <br /> <br />Owner <br /> <br />and its employees agents, officers and servants free <br /> <br />and harmless from any and all losses, claims liens, demands and causes <br /> <br />of action of every kind and character including, but <br /> <br />not <br /> <br />limited <br /> <br />to, <br /> <br />the <br /> <br />amounts <br /> <br />of <br /> <br />judgments, <br /> <br />penalties, <br /> <br />interests, court costs, legal <br /> <br />fees, and all other expenses incurred by the Owner arising in favor <br /> <br />of <br /> <br />any party, including claims, liens, debts, personal injuries, including <br /> <br />employees <br /> <br />of <br /> <br />the <br /> <br />Owner, <br /> <br />death <br /> <br />or <br /> <br />damages <br /> <br />to <br /> <br />property (including <br /> <br />property of the Owner) and without limitation by enumeration, all other <br /> <br />claims or demands of every character occurring, resulting, <br /> <br />or <br /> <br />arising <br /> <br />from <br /> <br />any <br /> <br />negligent <br /> <br />act, error or omission of the Engineer and/or its <br /> <br />agents and/or employees only to the extent <br /> <br />of <br /> <br />the <br /> <br />liability <br /> <br />of <br /> <br />the <br /> <br />Engineer <br /> <br />its agents and/or employees. <br /> <br />The Engineer agrees to make an <br /> <br />initial investigation and report to Owner about any such claim, demand <br /> <br />or suit. <br /> <br />This provision is not intended to create any cause of <br /> <br />action <br /> <br />in <br /> <br />favor <br /> <br />of <br /> <br />any <br /> <br />third party against the Engineer or the Owner or to <br /> <br />enlarge in any <br /> <br />way the Engineer's liability but is intended to provide <br /> <br />for indemnification of the Owner from liability for damages or injuries <br /> <br />arising from Engineer's performance hereunder and only in proportion to <br /> <br />the Engineer's negligence. <br /> <br />The indemnity required hereunder shall <br /> <br />not <br /> <br />be <br /> <br />limited <br /> <br />by reason of the specification of any particular insurance <br /> <br />coverage in this Agreement. <br /> <br />Engineer further agrees to obtain from its <br /> <br />:::ontractors, <br /> <br />subcontractors <br /> <br />and <br /> <br />consultants, <br /> <br />if <br /> <br />any, <br /> <br />the <br /> <br />same <br /> <br />indemnification of Owner in writing which is set forth hereinabove. <br /> <br />-13- <br />