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B. Either party to this Agreement may rely that data or information set forth on paper (also known
<br />as hard copies) that the party receives from the other party by mail, hand delivery, or facsimile,
<br />are the items that the other party intended to send. Files in electronic media format of text,
<br />data, graphics, or other types that are furnished by one party to the other are furnished only
<br />for convenience, not reliance by the receiving party. Any conclusion or information obtained
<br />or derived from such electronic files will be at the user's sole risk. If there is a discrepancy
<br />between the electronic files and the hard copies, the hard copies govern. If the parties agree
<br />to other electronic transmittal procedures, such are set forth in Exhibit J.
<br />C. Because data stored in electronic media format can deteriorate or be modified inadvertently
<br />or otherwise without authorization of the data's creator, the party receiving electronic files
<br />agrees that it will perform acceptance tests or procedures within 60 days, after which the
<br />receiving party shall be deemed to have accepted the data thus transferred. Any transmittal
<br />errors detected within the 60-day acceptance period will be corrected by the party delivering
<br />the electronic files.
<br />D. When transferring documents in electronic media format, the transferring party makes no
<br />representations as to long-term compatibility, usability, or readability of such documents
<br />resulting from the use of software application packages, operating systems, or computer
<br />hardware differing 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
<br />Documents on the Project, extensions of the Project, and for related uses of the Owner, subject
<br />to receipt by Engineer of full payment for all services relating to preparation of the Documents
<br />and subject to the following limitations: (1) Owner acknowledges that such Documents are
<br />not intended or represented to be suitable for use on the Project unless completed by Engineer,
<br />or for use or reuse by Owner or others on extensions of the Project, on any other project, or
<br />for any other use or purpose, without written verification or adaptation by Engineer; (2) any
<br />such use or reuse, or any modification of the Documents, without written verification,
<br />completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will
<br />be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers,
<br />directors, members, partners, agents, employees, and Consultants; (3) Owner shall indemnify
<br />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,
<br />arising out of or resulting from any use, reuse, or modification of the Documents without
<br />written verification, completion, or adaptation by Engineer; and (4) such limited license to
<br />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
<br />adapts them for extensions of the Project or for any other purpose, then Owner shall
<br />compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer.
<br />G. At completion of any survey services and upon payment of monies due the Engineer for those
<br />services, the Engineer shall provide the owner with all survey data and drawings, upon which
<br />it will become the property of the Owner.
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<br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services
<br />Copyright © 2008 National 5ode of Professional Engineers for EJCDC. All rights reserved.
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