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D. When transferring documents in electronic media format, the transferring parry makes no
<br />representations as to long-term compatibility, usability, or readability of such documents resulting
<br />from the use of software application packages, operating systems, or computer hardware differing
<br />from those used by the documents' creator.
<br />E. Owner may make and retain copies of Documents for information and reference in connection
<br />with use on the Project by Owner. Engineer grants Owner a limited license to use the Documents
<br />on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by
<br />Engineer of full payment for all services relating to preparation of the Documents and subject to
<br />the following limitations: (1) Owner acknowledges that such Documents are not intended or
<br />represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse
<br />by Owner or others on extensions of the Project, on any other project, or for any other use or
<br />purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any
<br />modification of the Documents, without written verification, completion, or adaptation by
<br />Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without
<br />liability or legal exposure to Engineer or to its officers, directors, members, partners, agents,
<br />employees, and Consultants; (3) Owner shall indemnify and hold harmless Engineer and its
<br />officers, directors, members, partners, agents, employees, and Consultants from all claims,
<br />damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use,
<br />reuse, or modification of the Documents without written verification, completion, or adaptation by
<br />Engineer; and (4) such limited license to Owner shall not create any rights in third parties.
<br />F. If Engineer at Owner's request verifies the suitability of the Documents, completes them, or adapts
<br />them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer
<br />at rates or in an amount to be agreed upon by Owner and Engineer.
<br />6.04 Insurance
<br />A. Engineer shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Engineer
<br />shall cause Owner to be listed as an additional insured on any applicable general liability insurance
<br />policy carried by Engineer.
<br />B. Owner shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Owner shall
<br />cause Engineer and its Consultants to be listed as additional insureds on any general liability
<br />policies and as loss payees on any property insurance policies carried by Owner which are
<br />applicable to the Project.
<br />C. Owner shall require Contractor to purchase and maintain policies of insurance covering workers'
<br />compensation, general liability, property damage (other than to the Work itself), motor vehicle
<br />damage and injuries, and other insurance necessary to protect Owner's and Engineer's interests in
<br />the Project. Owner shall require Contractor to cause Engineer and its Consultants to be listed as
<br />additional insureds with respect to such liability and other insurance purchased and maintained by
<br />Contractor for the Project.
<br />D. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the
<br />coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of
<br />Engineer's services and at renewals thereafter during the life of the Agreement.
<br />-'" - Page 6
<br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services
<br />Copyright Q 2008 National Society of Professional Eagineers for EJCDC. All rights reserved.
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