III.9.

Engineers shall accept personal responsibility for their professional activities; provided, however, that Engineers may seek indemnification for professional services arising out of their practice for other than gross negligence, where the Engineer's interests cannot otherwise be protected.

Code is relevant when:

Engineer performs professional services
AND
Engineer may seek indemnification for professional services, other than gross negligence
AND
Engineer's interests cannot otherwise be protected

Code is violated when:

Engineer does not accept personal responsibility for his professional activities

Code is not violated when

Engineer accepts personal responsibility for his professional activities