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F. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General
<br />Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (EJCDC
<br />C-700, 2007 Edition) unless the parties agree otherwise.
<br />G. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and
<br />property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is
<br />completed. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for
<br />related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the
<br />documents and subject to 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 by Owner or others on
<br />extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation
<br />by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion,
<br />or adaptation by 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, employees, and consultants;
<br />(3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees,
<br />and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from
<br />any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer;
<br />and (4) such limited license to Owner shall not create any rights in third parties.
<br />H. To the fullest extent pennitted by law, Owner and Engineer (1) waive against each other, and the other's employees,
<br />officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental,
<br />indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that
<br />Engineer's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation
<br />received by Engineer, whichever is greater.
<br />A
<br />{
<br />Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of
<br />dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is
<br />unsuccessful, then the parties may exercise their rights at law.
<br />6.01 Total Agreement
<br />A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner
<br />and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended,
<br />supplemented, modified, or canceled by a duly executed written instrument.
<br />7.01 Basis of Payment —Lump Sum
<br />A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows:
<br />1. A Lump Sum amount of Eight Thousand Three Hundred Dollars ($8,300.00)
<br />B, The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimate
<br />of the percentage of the total services actually completed during the billing period.
<br />=A
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<br />EJCDC E-500 Agreement Between owner and Engineer for Professional Services
<br />Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved.
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