Consultant’s Liability Clause Samples

Consultant’s Liability. The Consultant shall be and remain liable in accordance with applicable law for all damages to the Owner and the Owner’s property caused by the improper acts, errors or omissions of the Consultant or by any Subconsultants in performing any Services. The term “improper acts, errors or omissions” shall include, but not be limited to, negligent, reckless, wanton, intentional, or willful failure to perform the Services in accordance with the professional standard of care and performance for each Service set forth in this Agreement.

Consultant’s Liability. In addition to the liability imposed by law on the Consultant or his/her agents, which liability is not impaired or otherwise affected hereby, the Consultant hereby assumes liability for and agrees to save and hold harmless the University and indemnify the University for every expense, liability, or payment by reason of any damage or injury (including death) to persons or property suffered or claimed to have been suffered through any act or omission of the Consultant or any of his agents or anyone directly or indirectly employed by either of them arising in any way from the work called for by this Agreement or from the conditions of the premises or any part of the premises while in control of the Consultant or any of his/her agents or anyone directly or indirectly employed by either of them. This indemnification applies even if the University is partially responsible for the situation giving rise to the claim, but not if the University is solely responsible. This obligation survives the expiration and termination of the Agreement, the dissolution of the Consultant, and to the extent allowed by law, the bankruptcy of the Consultant.

Consultant’s Liability. In the absence of gross negligence or willful misconduct on the part of the Consultant, or the Consultant's breach of this Agreement, the Consultant shall not be liable to the Company, or to any officer, director, employee, shareholder or creditor of the Company, for any act or omission in the course of or in connection with the rendering or providing of advice hereunder. Except in those cases where the gross negligence or willful misconduct of the Consultant or the breach by the Consultant of this Agreement is alleged and proven, the Company agrees to defend, indemnify and hold the Consultant harmless from and against any and all reasonable costs, expenses and liability (including, but not limited to, attorneys' fees paid in the defense of the Consultant) which may in any way result from services rendered by the Consultant pursuant to or in any connection with this Agreement.

Consultant’s Liability. In the absence of negligence or willful misconduct on the part of the Consultant or the Consultant's breach of any terms of this Agreement, the Consultant shall not be liable to the Company or to any officer, director, employee, stockholder or creditor of the Company, for any act or omission in the course of or in connection with the rendering or providing of services hereunder. This indemnification expressly excludes any and all damages as a result of any actions or statements, on behalf of the Company, made by the Consultant without the prior approval or authorization of the Company.

Consultant’s Liability. The Consultant agrees to defend, indemnify, and hold the Company, its officers, directors, employees, advisors, attorneys and agents harmless from and shall indemnify the foregoing persons and entities against any and all costs, expenses and liability (including reasonable attorney's fees paid in connection with the investigations and/or the defense of the such entities and persons) which may in any way result from a breach of any representation, warranty or covenant made by Consultant or from any services rendered by the Consultant pursuant to or in any connection with this Agreement.

Consultant’s Liability. Acceptance of the final plans by the CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents or Engineers or Consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by CITY for any defect in the designs, working drawings, specifications or other documents and work prepared by said CONSULTANT, its employees, associates, engineers, agents or “subconsultants”.

Consultant’s Liability. Consultant shall be responsible for all damage to life and property due to intentional acts, negligent acts, errors or omissions of the Consultant, its sub-contractors, agents, or employees in the performance of its service under this Agreement. Further, it is expressly understood that the Consultant shall indemnify and save harmless the STATE from claims, suits, actions, damages, and costs of every name and description to the extent resulting from the negligent performance of the services or activities performed by or on behalf of Consultant under this Agreement, and such indemnity shall not be limited by reason of enumeration of any insurance coverage herein provided. Negligent performance of service, within the meaning of this Article, shall include, in addition to negligence founded upon tort, negligence based upon Consultant's failure to meet professional standards and resulting in obvious or patent errors in the progression of its work. Consultant’s responsibility and indemnity shall also include but not be limited to liability resulting from any infringement violation by Consultant of proprietary rights, copyrights, trademarks, or right of privacy arising out of the intellectual property furnished by Consultant under this Agreement, except when attributable to the fault or negligence of the STATE, its officers, employees or agents. Nothing in this Article or in this Agreement shall create or give to third parties any claim or right of action against Consultant or the STATE beyond such as may legally exist irrespective of this Article or this Agreement.

Consultant’s Liability. Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents or consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by CITY for any defect in the designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, working drawings, specifications or other documents prepared by said CONSULTANT, its employees, subconsultants, agents and consultants.

Consultant’s Liability. To the fullest extent permitted by applicable Laws, Consultant shall hold harmless, indemnify and defend Contractor, Affiliates of Contractor, and Owner (and their respective officers, employees, and agents) from and against any and all damages, costs, claims, losses, liens, causes of action, suits, fines, judgments, and expenses (including reasonable attorney’s fees expert and consulting fees, and other defense expenses) (collectively, “Losses”) of any nature, kind or description (including claims for violation or infringement of trademark, patent or tangible property rights relating to the design of the Project) that arise out of or relate to (a) the performance, design, specifications, or Services of Consultant under the Agreement; (b) delay, hindrance and/or disruption damages caused, in whole or in part, by Consultant; (c) bodily injury, sickness, disease, wrongful death or property damage, including loss of use or consequential damages resulting therefrom; (d) any claim, demand, or lien by a vendor, supplier, or Agent of Consultant; and/or (e) any breach of the Agreement, wrongful or negligent act, or error or omission of Consultant, anyone directly or indirectly employed by Consultant, or anyone for whose acts or omissions Consultant may be liable at law, in equity, by statute, or otherwise. Consultant, at its sole expense, shall promptly dispose of all such claims, defend all lawsuits filed against a party indemnified hereunder on the account thereof, pay all judgments rendered against a party indemnified hereunder in such lawsuits (including any prejudgment interest assessments), and reimburse Contractor in cash upon demand for all reasonable expenses incurred by Contractor on the account thereof, including, but not limited to, attorneys’ fees, expert witness fees and court costs. Consultant shall not be obligated to indemnify to the extent any Losses are proximately caused by the sole negligence or willful misconduct of Contractor or Contractor’s agents, servants or independent contractors who are directly responsible to Contractor, excluding Consultant. Notwithstanding anything to the contrary contained herein, Contractor, at its option shall have the right to participate in the defense of any claims asserted against it, approve the selection of counsel, and approve the terms of any settlements made in its name or on its behalf. The scope of Consultant's defense and indemnity obligations under this paragraph shall not be limited in any manner wh...