Indemnification and Defense for Professional Services. To the fullest extent permitted by law, CONSULTANT shall indemnify, and hold harmless DISTRICT and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including reimbursement of reasonable attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by DISTRICT in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator.
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Sources: Design Professional Service Agreement, Design Professional Service Agreement
Indemnification and Defense for Professional Services. To the fullest extent permitted by law, CONSULTANT shall indemnify, and hold harmless DISTRICT and any and all of its officials, employees and agents (“"Indemnified Parties”") from and against any and all losses, liabilities, damages, costs and expenses, including reimbursement of reasonable attorney’s 's fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s 's duty to defend shall consist of reimbursement of defense costs incurred by DISTRICT in direct proportion to the CONSULTANT’s 's proportionate percentage of fault. CONSULTANT’s 's percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator.
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