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<br />Public Standard Form – MN Page 4 of 9
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<br />V202404
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<br />judgments (including reasonable attorneys’ fees and expenses of litigation) arising from claims or actions
<br />relating to the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily
<br />injury, sickness, disease, or death, or to injury to or destruction of tangible property, but only to the extent
<br />caused by the acts or omission of CLIENT or CLIENT’S employees, agents, or other consultants. This
<br />indemnification shall not apply to third-party claims or actions for consequential damages, lost revenues,
<br />increased expense or lost profits, nor to any claim for punitive or exemplary damages .
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<br />3. To the fullest extent permitted by law, CLIENT and CONSULTANT waive against each other, and the other’s
<br />employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or
<br />entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any
<br />way related to this Agreement, from any cause or causes. CLIENT waives all claims against individuals involved
<br />in the services provided under this Agreement and agrees to limit all claims to the CONSULTANT’s corporate
<br />entity.
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<br />4. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of
<br />a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'S services under this Agreement
<br />are being performed solely for the CLIENT'S benefit, and no other entity shall have any claim against the
<br />CONSULTANT because of this Agreement or the performance or nonperformance of services provided
<br />hereunder.
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<br />D. INSURANCE
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<br />1. The CONSULTANT agrees to maintain, at CONSULTANT’S expense a commercial general liability (CGL) and excess
<br />or umbrella general liability insurance policy or policies insuring CONSULTANT against claims for bodily injury,
<br />death or property damage arising out of CONSULTANT’S general business activities. The general liability
<br />coverage shall provide limits of not less than $2,000,000 per occurrence and not less than $2,000,000 general
<br />aggregate. Coverage shall include Premises and Operations Bodily Injury and Property Damage; Personal and
<br />Advertising Injury; Blanket Contractual Liability; Products and Completed Operations Liability.
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<br />2. The CONSULTANT also agrees to maintain, at CONSULTANT’S expense, a single limit or combined limit
<br />automobile liability insurance and excess or umbrella liability policy or policies insuring owned, non-owned and
<br />hired vehicles used by CONSULTANT under this Agreement. The automobile liability coverages shall provide
<br />limits of not less than $1,000,000 per accident for property damage, $2,000,000 for bodily injuries, death and
<br />damages to any one person and $2,000,000 for total bodily injury, death and damage claims arising from one
<br />accident.
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<br />3. CLIENT shall be named Additional Insured for the above CGL and Auto liability policies, to the extent permitted
<br />by CONSULTANT’S insurers.
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<br />4. The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's compensation
<br />coverage together with Coverage B, Employer’s Liability limits of not less than $500,000 for Bodily Injury by
<br />Disease per employee, $500,000.00 for Bodily Injury by Disease aggregate and $500,000 for Bodily Injury by
<br />Accident.
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<br />5. The CONSULTANT also agrees to maintain, at CONSULTANT’S expense, Professional Liability Insurance coverage
<br />insuring CONSULTANT against damages for legal liability arising from a negligent act, error or omission in the
<br />performance of professional services required by this Agreement during the period of CONSULTANT’S services
<br />and for three years following date of final completion of its services. The professional liability insurance coverage
<br />shall provide limits of not less than $2,000,000 per claim and an annual aggregate of not less than $2,000,000
<br />on a claims-made basis.
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