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<br /> the Owner, its agents or employees or resulting from the joint <br /> negligence of the Owner, its agents or employees and any third <br /> party or parties, unmixed with any negligence or fault of the <br /> Engineer. The Engineer agrees to investigate, handle, respond to, <br /> provide defense for and defend any such claims, demands, or suits <br /> at the Engineer's sole expense and agrees to bear all other costs <br /> and expenses related thereto, if said claims are the result of the <br /> Engineer's negligence or breach of this contract. The Engineer <br /> shall have control and authority over all functions, activities <br /> and/or actions which are done or should be done jointly by the <br /> Owner and the Engineer and the Engineer shall indemnify the Owner <br /> from damages resulting from said joint activities or actions <br /> provided that the Owner makes the Engineer aware of its actions <br /> prior to their occurrence, or provided that the Engineer <br /> exercising due diligence should have known of the actions, or that <br /> the Engineer does not inform the Owner that such action may be to <br /> the Owner's detriment. This indemnity and hold harmless provision <br /> shall not be limited by reason of the specification of any <br /> particular insurance coverage in this Agreement. The Engineer <br /> further agrees to obtain from its contractors, subcontractors, and <br /> consultants the same indemnification in writing of the Owner as <br /> stated hereinabove. <br /> 9.5 The the Engineer agrees to procure and maintain at the <br /> Engineer's expense until final payment by the the Owner for <br /> services covered by this Agreement, insurance in the kinds and <br /> amounts hereinafter provided with insurance companies authorized <br /> -19- <br />