AG 1992 06 15 - Laserfiche WebLink

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10. 11. the constructed facility. The Professional Engineer employed to design the facility shall be responsible for the accuracy and completeness of the facility as shown on the final edition of the original construction plans. These original drawings shall become the property of the County. It is understood and agreed that when the described water system is constructed according to the plans, specifications, and standards of the District, said water system shall automatically become the property of the District without cost to the District, and without further agreement in connection therewith. The Applicant, having constructed the aforesaid water system at his own proper cost and expense and outside the District's standard policy for water extensions, agrees to waive all claims for compensation or monies refundable for any capital facilities constructed. Indemnification of the District. The Applicant will indemnify, hold harmless and keep harmless, the District and its agents and employees from and against all claims, damages, losses and expenses - including attorney's fees - arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom, and is caused in whole or in part by and negligent or willful act or omission of the APPLICANT, LICENSED UTILITY CONTRACTOR, any SUBCONTRACTOR(S) thereof or anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable. In any and all claims against the District or any of its agents or employees, by any employee of the APPLICANT, LICENSED UTILITY CONTRACTOR, and SUBCONTRACTOR(S) thereof, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the APPLICANT, LICENSED UTILITY CONTRACTOR, any SUBCONTRACTOR(S> thereof, under Workman's Compensations Acts, Disability Benefit Acts or other employee benefits acts. Without limiting the foregoing, all of the provisions of Paragraph 11 shall apply without limitation to any claim or action in the nature of trespass, inverse condemnation, nuisance or similar claim or action for damage to real and/or personal property.