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<br /> Contractor's Pollution Liability. C. Client acknowledges that ERM EnviroClean has neither
<br /> created nor contributed to the creation or existence of any
<br /> ERM EnviroClean shall, at the client's request, provide the type of hazardous or toxic waste, material, chemical,
<br /> client with a certificate of insurance or other satisfactory compound, or substance, or any other type of environmental
<br /> evidence that such insurance has been obtained and that hazard, contamination, or pollution, whether latent or patent,
<br /> such policies are maintained in force throughout the period or the release thereof or the violation of any law or regulation
<br /> in which ERM EnviroClean provides services, to the client relating thereto, at the site of the Project or in connection with
<br /> under any agreement. the performance of the Project, and it is understood that ERM
<br /> EnviroClean shall have no liability for any such condition, and
<br /> b. Upon the mutual agreement of ERM EnviroClean and the client shall indemnify ERM EnviroClean for any and all loss,
<br /> client, ERM EnviroClean shall procure and maintain one or cost, or damage actually sustained and incurred by ERM,
<br /> more policies of insurance in addition to the types of EnviroClean in connection therewith.
<br /> insurance described above or procure policiesi of insurance
<br /> coverage of the same types described above with increased d. The provisions of this Paragraph 8 shall survive the
<br /> Policy limits, to the extent that such insurance is available. completion of the Project or the expiration, cancellation or
<br /> Additional premiums and the costs incurred by ERM termination of any agreement between ERM EnviroClean and
<br /> EnviroClean in connection with obtaining such additional or client.
<br /> different policies of insurance shall be reimbursed by the
<br /> client as an additional Project expense. 9. Standard of Care:
<br /> 8. Indemnification: a. While performing services under any agreement. ERM
<br /> EnviroClean shall exercise that degree of care and skill
<br /> a. ERM EnviroClean shall indemnify and hold harmless t`.e ordinarily exercised under similar circumstances by r n embers
<br /> client and its directors, officers, employees, and agents from of the environmental engineering and consulting prcression
<br /> and against all liability, claims, suits, losses, damages, Coss performing the kind of services to be performed thereunder
<br /> and demands, including reasonable legal expenses and and practicing in the same or similar locality at the same
<br /> attorney's fees connected therewith, on account of personal time.
<br /> injury, including death, or property damage, sustained by any
<br /> person or entity not a party to any agreement between ERM b. Except for the express promise set forth in subparagraph a.,
<br /> EnviroClean and client and arising out of or connected with above, regarding ERM EnviroClean's standard of care, ERM
<br /> the performance of such agreement, to the extent such injury, EnviroClean neither makes, nor offers, nor shall ERM
<br /> death or damage is caused by the sole or contributory EnviroClean be liable to client for any express or implied
<br /> negligence or willful misconduct of ERM EnviroClean or its warranties with respect to the performance of ERM
<br /> subcontractors or their respective employees, officers and EnviroClean's services. Estimates of cost, approvals,
<br /> agents; provided that such injury, death or damage is riot recommendations. opinions, and decisions by ERM
<br /> occasioned by the sole negligence of client or its contractors EnviroClean are made on the basis of ERM EnviroClean's
<br /> or their respective employees, officers and agents; and experience, qualifications, and professional judgement and
<br /> provided further, that ERM EnviroClean's liability under this are not guaranteed. ERM EnviroClean shall not be regarded
<br /> indemnity provision shall be limited to and not exceed the as.a guarantor with respect to any work product provided to
<br /> insurance coverages and associated limits of'Iiability which client. THE IMPLIED WARRANTIES OR
<br /> ERM EnviroClean is required to secure pursuant to MERCHANTABILITY AND FITNESS FOR A PARTICULAR
<br /> Paragraph 7, hereof, and provided further, that ERM PURPOSE ARE HEREBY WAIVED BY CLIENT.
<br /> EnviroClean's obligation hereunder shall not extend to
<br /> indemnification or holding harmless of a party indemnified c. ERM EnviroClean agrees to perform and correct at its
<br /> hereunder for any claims of loss of profits.'nor any other expense any work or services performed by ERM
<br /> indirect, special, incidental or consequential damages of any EnviroClean which fails to conform to the standard of care
<br /> nature whatsoever. that ERM EnviroClean has accepted pursuant to
<br /> subparagraph a., above.
<br /> b. Client shall indemnify and hold harmless ERM EnviroClean
<br /> and its directors, officers, employees, and agents from and d. In no event shall ERM EnviroClean and ERM EnviroClean's
<br /> against all liability, claims, suits,losses,damages, costs and officers, directors, employees, agents and index endent
<br /> demands,including reasonable legal expenses and attorney's professional consultants, be liable to client and/or anyone
<br /> fees connected therewith, on account of personal injury, claiming by, through or under client, including client's
<br /> including death, or property damage, sustained by any insurers, for any lost, delayed, or diminished profits;
<br /> person or entity not a party to any agreement between ERIM revenues, or opportunities; losses by reason of shutdown or
<br /> EnviroClean and client and arising out of or connected with inability to utilize or complete work at the site of the Project;
<br /> the performance of such agreement, to the extent such injury, or any other incidental, special, indirect, or consequential
<br /> death or damage is caused by the sole or contributory damages of any kind or nature whatsoever I resulting from
<br /> negligence or willful misconduct of client or its contractors or ERM EnviroClean's performance or failure to perform
<br /> their respective employees, officers and agents;provided that services pursuant to any Agreement.
<br /> such injury, death or damage is not occasioned by the sole
<br /> negligence of ERM EnviroClean or its subcontractors or their e. ERM EnviroClean and ERM EnviroClean's officers. direc.ors.
<br /> respective employees, officers and agents; and provided employees, agents and independent professional ccnsultants,
<br /> further, that client's obligation hereunder shall not extend to shall not be liable to client and/or anyone claiming by,
<br /> indemnification or holding harmless of a party indemnified through, or under client, including client's insurers. nor shall
<br /> hereunder for any claims of loss of profits or any other ERM EnviroClean be liable to indemnify client pursuant to
<br /> indirect, special, incidental or consequential damages of any Paragraph 8, hereof, in an amount which exceeds ether (i)
<br /> nature whatsoever and provided further that Owner's liability S100,000 or the total compensation value to ERM
<br /> shall be limited to and not exceed the liability limits for ERM EnviroClean of the Project, whichever amount is less. if the
<br /> EnviroClean under 8a. claims of client or client's insurers against ERM Enviro6ean
<br /> F:TERCIEPN DOC R.MS[CN S5+
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