|
the Project site, nor for any failure of a contractor to comply with laws and regulations
<br />applicable to such contractor's 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
<br />is located.
<br />D. Engineer neither guarantees the performance of any contractor nor assumes responsibility
<br />for any contractor's failure to famish and perform its work in accordance with the contract
<br />between Owner and such contractor. Engineer is not responsible for variations between
<br />actual construction bids or costs and Engineer's opinions or estimates regarding construction
<br />costs.
<br />E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor,
<br />or supplier, or of any of their agents or employees or of any other persons (except
<br />Engineer's own employees) at the Project site or otherwise furnishing or performing any
<br />construction work; or for any decision made regarding the construction contract
<br />requirements, or any application, interpretation, or clarification of the construction contract
<br />other than those made by Engineer.
<br />F. The general conditions for any construction contract documents prepared hereunder are to
<br />be the "Standard General Conditions of the Construction Contract" as prepared by the
<br />Engineers Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the
<br />parties agree otherwise.
<br />G. All documents prepared or furnished by Engineer are instruments of service, and Engineer
<br />retains an ownership and property interest (including the copyright and the right of reuse) in
<br />such documents, whether or not the Project is completed. Owner shall have a limited
<br />license to use the documents on the Project, extensions of the Project, and for related uses of
<br />the Owner, subject to receipt by Engineer of full payment for all services relating to
<br />preparation of the documents and subject to the following limitations: (1) Owner
<br />acknowledges that such documents are not intended or represented to be suitable for use on
<br />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
<br />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
<br />without liability or legal exposure to Engineer or to its officers, directors, members,
<br />partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless
<br />Engineer and its officers, directors, members, partners, agents, employees, and consultants
<br />from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or
<br />resulting from any use, reuse, or modification of the documents without written verification,
<br />completion, or adaptation by Engineer; and (4) such limited license to Owner shall not
<br />create any rights in third parties.
<br />H. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other,
<br />and the other's employees, officers, directors, agents, insurers, partners, and consultants, any
<br />and all claims for or entitlement to special, incidental, indirect, or consequential damages
<br />arising out of, resulting from, or in any way related to the Project, and (2) agree that
<br />Page 4
<br />EJCDC E-500 Agreement Between Owner and Engineer for Professional services
<br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />
|