2006-389 - Laserfiche WebLink

Home Browse Search

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