Agenda - 03-21-1989 - Laserfiche WebLink

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KIMLEY-HORN RT 3001 WESTON TEL No . 919 481 0062 Mar 16 .89 15:36 P .08 (and/or employer's liability insurance), professional liability insurance, and by public liability insurance for bodily injury and property damage and will furnish certificates of insurance upon request. The Engineer agrees to hold the Client harmless from loss, damage, injury, or liability arising solely from the negligent acts or omissions of the Engineer, its employees, agents, subcontractors and their employees and agents but only to the extent that the same is actually cowered and paid under the foregoing policies of insurance. If the Client specifically directs the Engineer to obtain increased insurance coverage, or if the nature of the Engineer's activities requires additional Workers' Compensation or similar insurance coverage, the Engineer will take out such additional insurance, if obtainable, at the Client's expense. (12) atandard of terfor nance. In performing its professional services hereunder, the Engineer will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the locality of Client or similar locality. No other warranty express or implied, is made or intended by the Engineer's undertaking herein or its performance of services hereunder. (13) :oensea of -Litigation. In the event litigation (which for the purposes of this paragraph shall include arbitration or mediation) in any way related to the services performed hereunder is initiated against the Engineer by the Client, and such litigation concludes with the entry of a final judgment against the Client, the Client shall reimburse the Engineer for all of its reasonable attorneys' fees and other expenses related to said litigation. Such expenses shall include, but shall not be limited to, the cost, determined at the Engineer's normal hourly billing rates, of the time devoted to such litigation by the Engineer's employees. In the event litigation in any way related to the services performed hereunder is initiated against the Client by Engineer, such litigation concluded with the entry of a final judgement against the Engineer, the Engineer shall reimburse the Client for all of its reasonable attorneys' fees and other expenses related to said litigation. (14) Arbitration, All claims, counterclaims, disputes, and other matters in question between the Client and the Engineer arising out of this Agreement or the breach thereof shall be decided by binding arbitration in accordance with the Construction Industry Rules of the American Arbitration Association then obtaining, at the election of the Engineer or Client. Notice of demand for arbitration must be filed in writing with the other party to this Agreement and with the American Arbitration Association no later than 18 months before that date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be CD-I I I (01/88) 7 -• .•