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<br /> ARTICLE 9 <br /> IIISCRT.T.AIŒOUS PROVISIOBS <br /> <br />9.1 Unless otherwise specified, this Agreement shall be governed <br />by the law of the principal place of business of the Owner. <br />9.2 As between the parties to this Agreement, as to all acts or <br />failures to act by either party to this Agreement, any applicable <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 />party commencing said cause of action knew or should have known of the <br />existence of the subject acts(s) or failure(s) to act. <br />9.3 The Engineer hereby agrees to protect, defend, and indemnify <br />and hold the Owner and its emp~oyees, agents, officers and servants <br />free and harmless from any and all losses, claims, liens, demands and <br />causes of action of every kind and character including, but not limited <br />to, the amounts of judgments, penalties, interests, court costs, legal <br />fees, and all other expenses incurred by the Owner arising in favor of <br />any party, including claims, liens, debts, personal injuries, <br />including employees of the Owner, death or damages to property <br />(including property of the Owner) and without limitation by <br />enumeration, all other claims, demands, or causes of action of every <br />character occurring, resulting, or arising from any negligent act, <br />intentional wrongful act, error or omission of the Engineer and/or its <br />agents and/or employees only to the extent of the liability of the <br />Engineer, its agents and/or employees. The Engineer agrees to make an <br />initial investigation and report to Owner about any such claim, demand, <br />or suit. This provision is not intended to create any cause of action <br />in favor of any third party against the Engineer or the Owner or to <br />enlarge in any way the Engineer's liability but is intended to provide <br />for indemnification of the Owner from liability for damages or injuries <br />arising from Engineer's performance hereunder and only in proportion to <br />the Engineer's negligence. The indemnity required hereunder shall not <br />be limited by reason of the specification of any particular insurance <br />coverage in this Agreement. Engineer further agrees to obtain from <br />its contractors, subcontractors and consultants, if any, the same <br />indemnification of Owner in writing which is set forth hereinabove. <br /> -8- <br />