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the CONSULTANT shall be entitled to additional compensation at the applicable hourly rates. To
<br />the fullest extent practical, the CONSULTANT shall give notice to the CLIENT of any Additional
<br />Services, prior to furnishing such Additional Services. Except for Additional Services required to
<br />address emergencies or acts of God that impact the Project, the CONSULTANT shall furnish an
<br />estimate of additional cost, prior to authorization of the changed scope of work.
<br />IMaIUMUII:rIto] ►[e]0aI 0IaIrd
<br />1. General Liability of CONSULTANT. For liability other than professional acts, errors, or
<br />omissions, and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend
<br />and hold harmless CLIENT from losses, damages, and judgments (including reasonable
<br />attorneys' fees and expenses of litigation) arising from claims or actions relating to the Project,
<br />provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury,
<br />sickness, disease, or death, or to injury to or destruction of tangible property, but only to the
<br />extent caused by the acts and omissions in the non-professional services of CONSULTANT or
<br />CONSULTANT'S employees, agents, or subconsultants.
<br />2. Professional Liability of CONSULTANT. With respect to professional acts, errors and
<br />omissions and to the fullest extent permitted by law, CONSULTANT shall indemnify and hold
<br />harmless CLIENT from losses, damages, and judgments (including reasonable attorneys' fees
<br />and expenses of litigation) arising from third -party claims or actions relating to the Project,
<br />provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury,
<br />sickness, disease, or death, or to injury to or destruction of tangible property, but only to the
<br />extent caused by a negligent act, error or omission of CONSULTANT or CONSULTANT'S
<br />employees, agents, or subconsultants. This indemnification shall include reimbursement of
<br />CLIENT'S reasonable attorneys' fees and expenses of litigation, but only to the extent that
<br />defense is insurable under CONSULTANT's liability insurance policies.
<br />General Liability of CLIENT. To the fullest extent permitted by law and subject to the
<br />maximum limits of liability set forth in Minnesota Statutes Section 466.04, CLIENT shall
<br />indemnify, defend and hold harmless CONSULTANT from losses, damages, and judgments
<br />(including reasonable attorneys' fees and expenses of litigation) arising from third -party claims
<br />or actions relating to the Project, provided that any such claim, action, loss, damages, or
<br />judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or
<br />destruction of tangible property, but only to the extent caused by the acts or omission of
<br />CLIENT or CLIENT'S employees, agents, or other consultants.
<br />4. Nothing contained in this Agreement shall create a contractual relationship with or a cause of
<br />action in favor of a third party against either the CLIENT or the CONSULTANT. The
<br />CONSULTANT'S services under this Agreement are being performed solely for the CLIENT'S
<br />benefit, and no other entity shall have any claim against the CONSULTANT because of this
<br />Agreement or the performance or nonperformance of services provided hereunder.
<br />5. To the fullest extent permitted by law, CLIENT and CONSULTANT waive against each other,
<br />and the other's employees, officers, directors, members, agents, insurers, partners, and
<br />consultants, any and all claims for or entitlement to special, incidental, indirect, or
<br />consequential damages arising out of, resulting from, or in any way related to this Agreement,
<br />from any cause or causes.
<br />Public Standard Form — MN Page 4 of 11 (Exc. Exhibits) v20210407
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