Indemnification by Engineer Clause Samples
The "Indemnification by Engineer" clause requires the engineer to compensate or protect the client from losses, damages, or liabilities arising from the engineer's actions or omissions during the course of their work. Typically, this means that if the engineer's negligence, errors, or failure to meet contractual obligations result in third-party claims or financial harm to the client, the engineer is responsible for covering those costs. This clause serves to allocate risk by ensuring that the party best positioned to control or prevent certain risks—the engineer—bears the financial responsibility for their own mistakes or misconduct, thereby protecting the client from unforeseen liabilities.
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Indemnification by Engineer. To the fullest extent permitted by Laws and Regulations, Engineer shall indemnify and hold harmless Owner, and Owner’s officers, directors, members, partners, agents, consultants, and employees, from losses, damages, and judgments (including reasonable consultants’ and attorneys’ fees and expenses) arising from third-party claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer’s officers, directors, members, partners, agents, employees, or Consultants. This indemnification provision is subject to and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit I, “Limitations of Liability."
Indemnification by Engineer. To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner, and Owner’s officers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer’s officers, directors, partners, employees, or Consultants.
Indemnification by Engineer. To the fullest extent permitted by Laws and Regulations, Engineer shall indemnify and hold harmless the City and the City’s officers, directors, members, partners, agents, consultants, and employees, from losses, damages, and judgements (including reasonable consultants’ and attorney’s fees and expenses) arising from third-party claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgement is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any proven negligent act or omission of Engineer or Engineer’s officers, directors, members, partners, agents, employees, or consultants.
Indemnification by Engineer. The Engineer shall indemnify, defend, and hold harmless the Owner, and its officers, agents, employees, successors, and assignees from any and all claims, lawsuits, losses, and liability arising out of Engineer's failure to perform any of Engineer’s duties and obligations hereunder or in connection with the negligent performance of Engineer’s duties, obligations, or otherwise, including but not limited to any claims, lawsuits, losses, or liability arising out of Engineer’s actions.
Indemnification by Engineer. To the fullest extent permitted by law, ENGINEER shall indemnify and hold harmless OWNER, and its officers and employees from and against claims, damages, losses and expenses of any nature or kind including, but not limited to, reasonable attorneys' fees, arising out of, resulting from or relating in any way to negligence, recklessness, intentionally wrongful conduct or breach of contract of ENGINEER, its subcontractors, anyone directly employed by them or anyone for whose acts they may be liable. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article 14.
Indemnification by Engineer. To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner, and Owner’s elected officials, officers, employees, and agents from and against the following: (i) any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer and/or Engineer’s officers, directors, partners, employees, or consultants; (ii) any claims, costs, losses, damages, and/or amount(s) recovered by reason of any infringement or violation of any patent, trademark, and/or copyright by the Engineer and/or by the Engineer’s officers, directors, partners, employees, and/or consultants arising out of and/or relating to the Project. The Engineer’s obligation to indemnify the Owner and the Owner’s elected officials, officers, employees and agents shall survive any termination of this Agreement.
Indemnification by Engineer. A. To the fullest extent permitted by Laws and Regulations, Engineer shall indemnify and hold harmless the PCCA Parties from all damages, losses, costs and expenses, of any nature whatsoever, whether incurred as a judgment, settlement, penalty, fine or otherwise (including reasonable consultants’ and attorneys’ fees) (collectively, “Damages”) arising from third-party claims or actions relating to this Agreement, any Service Order, or any Specific Project, but only to the extent that the Damages are caused by or result from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Engineer or the Engineer's agent, consultant under contract, or another entity over which the Engineer exercises control.
B. Engineer’s indemnity obligations under this Article 12 shall not be limited by a limitation on the amount or type of damages, compensation or benefits owed by Engineer to any employee of Engineer under workers’ or workmen’s compensation acts, disability benefit acts, or other employee benefit acts.
C. The obligations of the Engineer under this Article 12 shall survive the end of the Term of this Agreement.
Indemnification by Engineer. To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner, and Owner’s officers, directors, members, partners, agents, consultants, and employees from reasonable costs, losses, and damages arising out of or relating to the Assignment or Project, provided that any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer’s officers, directors, members, partners, agents, employees, or Consultants.
Indemnification by Engineer. ENGINEER AGREES TO INDEMNIFY AND HOLD HARMLESS, THE CITY AND THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS AND REPRESENTATIVES OF THE CITY, INDIVIDUALLY AND COLLECTIVELY, FROM AND AGAINST COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, OR LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY ENGINEER'S NEGLIGENCE, OR WILLFUL MISCONDUCT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE ENGINEER . SUCH NEGLIGENT ACTS AND OR OMISSIONS INCLUDE PERSONAL OR BODILY INJURY, DEATH AND PROPERTY DAMAGE, MADE UPON THE CITY DIRECTLY CAUSED BY ENGINEER’S NEGLIGENCE UNDER THIS AGREEMENT, INCLUDING ANY NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT OF ENGINEER, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, UNDER THIS AGREEMENT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF CITY, ITS ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS AND REPRESENTATIVES, IN INSTANCES WHERE SUCH NEGLIGENCE CAUSES PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. THIS PROVISION OF INDEMNITY IS SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. ENGINEER SHALL ADVISE THE CITY IN WRITING WITHIN 24 HOURS OF ANY CLAIM OR DEMAND AGAINST THE CITY OR ENGINEER KNOWN TO ENGINEER RELATED TO OR ARISING OUT OF CITY'S ACTIVITIES UNDER THIS AGREEMENT.
Indemnification by Engineer. To the fullest extent permitted by Laws and Regulations, Engineer shall indemnify and hold harmless Owner, and Owner’s officers, directors, members, partners, agents, consultants, and employees from costs, losses, damages, and judgments (including reasonable consultants’ and attorneys’ fees and expenses) arising from third-party claims or actions relating to this Agreement, any Task Order, or any Specific Project, provided that any such loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer’s officers, directors, members, partners, agents, employees, or Consultants. This indemnification provision is subject to and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit I, “Limitations of Liability.”