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P <br /> B141 Addendum <br /> This Addendum sets forth the modifications to the AIA B141-Standard <br /> Form of Agreement between Owner and Architect with Standard Form of <br /> Architect's Services (1997 Edition) ("Standard Agreement") dated as of <br /> September 12, 2001, which have been agreed to by the County of Orange, <br /> Owner, and Robson Woese Inc. Where a Paragraph or other portion of the <br /> Standard Agreement has been modified or deleted hereby, the unaltered <br /> provisions of such Paragraph or portion shall continue in effect. To the extent <br /> that there is any conflict between the terms of this Addendum and the Standard <br /> Agreement, the terms of this Addendum shall Control <br /> General. Delete the word "Architect" where it appears on this document and <br /> insert "Engineer' <br /> 1.3.7.9 Add a new Paragraph 1.3.7.10 to read as follows: <br /> "To the fullest extent permitted by law, Owner shall indemnify and hold <br /> harmless Robson Woese Inc. from and against any and all costs, losses <br /> and damages (including but not limited to all fees and charges of <br /> Engineers, Architects, Attorneys, and other professionals, and all cost or <br /> arbitration or other dispute resolutions costs) arising out of or resulting <br /> from a Hazardous Environmental Condition, Sick Building Syndrome and <br /> Building Related Illnesses provided that (1) and such cost, loss, or damage <br /> is attributable to bodily injury, sickness, disease, or death, or to injury or <br /> destruction of tangible property (other than completed Work), including the <br /> loss of use resulting therefrom, and (ii) nothing shall obligate Owner to <br /> indemnify any individual or entity from and against the consequences of <br /> that individual's or entity's own negligence or willful misconduct." <br /> Add a new Paragraph 1.3.7.11 to read as follows: <br /> "The total liability, in the aggregate, of Robson Woese Inc. to OWNER and <br /> anyone claiming by, through, or under OWNER for any and all claims, <br /> losses, costs or damages whatsoever arising out of, resulting from or in <br /> any way related to the Project or this Agreement from any cause or <br /> causes, including but not limited to the negligence professional errors or <br /> omissions, strict liability or breach of contract, or warranty express or <br /> implied, of Robson Woese Inc., shall not exceed the total insurance <br /> proceeds paid on behalf of or to Owner by Robson & Woese, Inc, insurers <br /> in settlement or satisfaction of Owner's claims under the terms and <br /> conditions of Robson Woese Inc. insurance policies applicable thereto." <br />