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to attorneys ' fees , arising out of or resulting from performance of the Work , provided that such claim , damage , loss or expense is attributable to bodily injury , sickness , disease or death , or to injury to or destruction of tangible property ( other than the Work itself) including loss of use resulting therefrom , but only to the extent caused in whole or in part by negligent acts or omissions of the Design/Builder, anyone directly or indirectly employed by the Design/Builder or anyone for whose acts the Design/Builder may be liable , regardless of whether or not such claim , damage , loss or expense is caused in part by a party indemnified hereunder. 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 Section 11 . 5 . § 11 . 5 . 2 In claims against any person or entity indemnified under this Section 11 . 5 by an employee of the Design /Builder, anyone directly or indirectly employed by the Design/Builder or anyone for whose acts the Design/Builder may be liable , the indemnification obligation under this Section 11 . 5 shall not be limited by a limitation on amount or type of damages , compensation or benefits payable by or for the Design/ Builder under workers ' compensation acts , disability benefit acts or other employee benefit acts . § 11 . 6 SUCCESSORS AND ASSIGNS § 11 . 6 . 1 The Owner and Design/ Builder, respectively , bind themselves , their partners , successors , assigns and legal representatives to the other party to this Part 2 Agreement and to the partners , successors and assigns of such other party with respect to all covenants of this Part 2 Agreement . Neither the Owner nor the Design/Builder shall assign this Part 2 Agreement without the written consent of the other. The Owner may assign this Part 2 Agreement to any institutional lender providing construction financing , and the Design/ Builder agrees to execute all consents reasonably required to facilitate such an assignment . If either party makes such an assignment , that party shall nevertheless remain legally responsible for all obligations under this Part 2 Agreement , unless otherwise agreed by the other party . § 11 . 7 TERMINATION OF PROFESSIONAL DESIGN SERVICES § 11 . 7 . 1 Prior to termination of the services of the Architect or any other design professional designated in this Part 2 Agreement , the Design / Builder shall identify to the Owner in writing another architect or other design professional with respect to whom the Owner has no reasonable objection , who will provide the services originally to have been provided by the Architect or other design professional whose services are being terminated . § 11 . 8 EXTENT OF AGREEMENT § 11 . 8 . 1 This Part 2 Agreement represents the entire agreement between the Owner and the Design/ Builder and supersedes prior negotiations , representations or agreements , either written or oral . This Part 2 Agreement may be amended only by written instrument and signed by both the Owner and the Design/Builder. 20