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10
<br />E.
<br />F
<br />G.
<br />Engineer neither guarantees the performance of work
<br />n accordanceractor nor assumes responsibility withwi h the contract betweenfor any
<br />Owner
<br />g
<br />contractor's failure to furnish and perform its wor x
<br />and such contractor. Engineer is not responsible for variationsbetween
<br />e o k5n actual construction bids or
<br />costs and Engineer's opinions or estimates regarding construction
<br />Engineer shall not be responsible for the acts or £any other person
<br />(excs of any oept Engineer's subcontractor, own
<br />supplier, or of any of their agents or employe construction work; or for
<br />employees) at the Project site or otherwise furnishing or performing any application,
<br />any decision made regarding the construction ncontract
<br />oa t other than those made by Engior any neer.
<br />interpretation, or clarification of the construction
<br />er are to
<br />The general conde the
<br />itions for any construction contract docuament s prePar
<br />prepared by theed dEngineex s joint
<br />g
<br />"Standard General Conditions of the Construction Con
<br />C C-700, 2007 Edition) unless the parties agree otherwise.
<br />Contract Documents Committee {E3CD
<br />tains
<br />All documents prepared or furnished by Engineer are i strurn
<br />Land service,
<br />he ightno re
<br />use) ;ine such
<br />an ownership and property interest (including the copyright to use
<br />documents, whether or not the Project is completed. owner shall have a limited
<br />related uses of the Own sr, subject to
<br />dto
<br />documents on the Project, extensions f the Project, and
<br />ons othe
<br />b Engineer of full payment for all services relating ed es thatto suchion documents Bare not
<br />nts and
<br />receiptY g Owner acknow g
<br />subject to the following limitations: (1) Engineer, or for
<br />ess COMP
<br />intended or represented to be suitable for i use
<br />of he Project
<br />r ject, on any other project, or for any other
<br />use or reuse by Owner or others on extensions an such use or reuse,
<br />use or purpose, without written verification or adaptation by Engineer; (completion, or adaptation by
<br />or any modification of the documents, without intwriendeten d, ill be at owner's sole risk and without
<br />Engineer, as appropriate for the specific purpose partners, directors, members, agents,
<br />liability or legal exposure to Engine shall r or to iindemnifyts � and hold harmless Engineer and its
<br />employees, and consultants; (3) Ow agents, employees, and consultants from all claims,
<br />officers, directors, members, partners, ag' fees, arising Out of or
<br />damages, losses, and expenses, including attout rnewritten verification, completion, ith n, or adaptation by
<br />reuse, or modification of the documents w
<br />Engineer; and (4} such limited license to Owner shall not create any rights in third parties.
<br />e
<br />To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and th
<br />H' directors, agents, insurers, partners, and consultants, any and all claims
<br />other's employees, officers,
<br />for or entitlement to special, incidental, indirect, or con ee that1E gin eons total liability Ito owtner
<br />from, or in any way related to the Projct, and {2} he
<br />under this Agreement shall be limited tc I"
<br />or the total amount of compensation received by
<br />Engineer, whichever is greater.
<br />nclude any
<br />The parties acknowledge that Engineer's scope of servi of asbestos,does not YPCBs, petroleurn,shazardourelated s
<br />1.
<br />a Hazardous Environmental Condition (the presence o
<br />substances or waste as defined by the Comprehensive Environmental is)tat Response,
<br />on any other party
<br />Liability Act, 42 U.S.C. §§9601 et seq., or radioactive ma
<br />encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability
<br />e performance of services on the portion of the
<br />for consequential or any other damages, suspend p
<br />Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to
<br />J
<br />identify and, as appropriate, abate, remediate, or remove the li able Laws and Regulation
<br />and {2} applicable
<br />warrants that the Site is in full compliance with pp
<br />Page 4
<br />ESCDC E-500 Agreement Between Owner and Engineer for Professional Services
<br />•ivht OO 2008 National Society of Professional En ineers for GJCDC. All rights reserved.
<br />
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