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written consent of the other, except to the extent that any assignment, subletting, or transfer is
<br />mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an
<br />assignment, no assignment will release or discharge the assignor from any duty or responsibility
<br />under this Agreement.
<br />C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create,
<br />impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor,
<br />supplier, other individual or entity, or to any surety for or employee of any of them. All duties and
<br />responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of
<br />Owner and Engineer and not for the benefit of any other party.
<br />5.01 General Considerations
<br />A. The standard of care for all professional engineering and related services performed or furnished by
<br />Engineer under this Agreement will be the care and skill ordinarily used by members of the subject
<br />profession practicing under similar circumstances at the same time and in the same locality.
<br />Engineer makes no warranties, express or implied, under this Agreement or otherwise, in
<br />connection with Engineer's services. Subject to the foregoing standard of care, Engineer and its
<br />consultants may use or rely upon design elements and information ordinarily or customarily
<br />furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers,
<br />and the publishers of technical standards.
<br />B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's
<br />work, nor shall Engineer have authority over or be responsible for the means, methods, techniques,
<br />sequences, or procedures of construction selected or used by any contractor, or the safety
<br />precautions and programs incident thereto, for security or safety at the Project site, nor for any
<br />failure of a contractor to comply with laws and regulations applicable to such contractor's
<br />furnishing and performing of its work.
<br />C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is
<br />located.
<br />D. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains
<br />an ownership and property interest (including the copyright and the right of reuse) in such
<br />documents, whether or not the Project is completed. Owner shall have a limited license to use the
<br />documents on the Project, extensions of the Project, and for related uses of the Owner, subject to
<br />receipt by Engineer of full payment for all services relating to preparation of the documents and
<br />subject to the following limitations: (1) Owner acknowledges that such documents are not intended
<br />or 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 Engineer,
<br />as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or
<br />legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and
<br />consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors,
<br />members, partners, agents, employees, and consultants from all claims, damages, losses, and
<br />BJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services.
<br />Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved.
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