Bid Package 08 North Well Field - Garney Construction

3. use of the Goods by Buyer;
4. any acceptance by Buyer (subject to the provisions of Paragraph 8.02.D.1) or any failure
to do so;
5. the issuance of a notice of acceptance by Buyer pursuant to the provisions of Article 8;
6. any inspection, test or approval by others; or
7. any correction of non-conforming Goods and Special Services by Buyer.
E. Buyer shall promptly notify Seller of any breach of Seller’s warranties or guarantees.
F. Seller makes no implied warranties under this Contract.
5.09 Indemnification
A. To the f ullest extent p ermitted by Laws and Regulation s, Seller shall indemnify and hold
harmless Buyer and Engineer, and the officers, di rectors, members, partners, employees, agents,
consultants, contractors, and subcontractors of each and any of them from and against all claims,
costs, losses, and damages (including but not lim ited to all fees and charges of engineers,
architects, attorneys, and other p rofessionals and all court or arbitr ation or other dispute
resolution costs) arising out of or relating to the perform ance of Seller's obligations under the
Contract Documents, provided that any such claim, cost, loss, or damages attributable to bodily
injury, sickness, disease, or deat h, or to injury to or destructi on of tangible property (other than
the Goods themselves), including the loss of use resulting therefrom, but only to the extent cause
by any negligent act or om ission of Seller, or any individual or entity directly o r indirectly
employed by Seller or anyone for whose acts Seller may be liable.
B. In any and all claims against Buyer or Engineer or any of their respective assignees, consultants,
agents, officers, directors, m embers, partners, employees, agents, consultants, contractors, or
subcontractors, by any employee (or the survivor or personal representative of such employee) of
Seller, any subcontractor, any supplier, or any individual or entity directly or indirectly employed
by any of them to furnish any of the Goods and Special Services, or anyone for whose acts any
of them may be liable, the indemnification obligation unde r Paragraph 5.09.A s hall not be
limited in any way by any lim itation on the amount or type of dam ages, compensation, or
benefits payable by or for seller or any such subc ontractor, supplier, or other individual or entity
under workers’ compensation acts, disability benefit acts, or other employee benefit acts.
C. The indemnification obligations of Seller under Paragraph 5.09.A shall not extend to the liability
of Engineer and Engineer’s officers, directors, partners, employees, agents, and consultants
arising out of:
1. the preparation or approval of, or the failu re to prepare or approve, m aps, Drawings,
opinions, reports, surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to give them , if that is the primary cause of
the injury or damage.
EJCDC P-700, Standard General Conditions for Procurement Contracts.
Copyright © 2010 National Society of Professional Engineers, American Council of Engineering Companies,
American Society of Civil Engineers, and Associated General Contractors of America. All rights reserved.
Page 00700-14