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and such contractor. Engineer is not responsible for variations between actual construction bids or
<br />costs and Engineer's opinions or estimates regarding construction costs.
<br />E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or
<br />supplier, or of any of their agents or employees or of any other persons (except Engineer's own
<br />employees) at the Project site or otherwise furnishing or performing any construction work; or for
<br />any decision made regarding the construction contract requirements, or any application,
<br />interpretation, or clarification of the construction contract other than those made by Engineer.
<br />F. The general conditions for any construction contract documents prepared hereunder are to be the
<br />"Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint
<br />Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise.
<br />G. The Owner acknowledges the Engineer's construction documents, including all electronic files, as
<br />instruments of professional services. Nevertheless, the final construction documents, including all
<br />electronic files, prepared under this agreement shall become the property of the Owner upon
<br />completion of services and payment in full of all monies due to the Engineer. The Owner shall not
<br />reuse or make any modification to the construction documents without the prior written
<br />authorization of the Engineer. Owner shall have a limited license to use the documents on the
<br />Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer
<br />of full payment for all services relating to preparation of the documents and subject to the
<br />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
<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
<br />or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees,
<br />and 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 />expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification
<br />of the documents without written verification, completion, or adaptation by Engineer; and (4) such
<br />limited license to Owner shall not create any rights in third parties.
<br />H. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the
<br />other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims
<br />for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting
<br />from, or in any way related to the Project, and (2) agree that Engineer's total liability to Owner
<br />under this Agreement shall be limited to $5.0000 or the total amount of compensation received by
<br />Engineer, whichever is greater.
<br />1. The parties acknowledge that Engineer's scope of services does not include any services related to
<br />a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous
<br />substances or waste as defined by the Comprehensive Environmental Response, Compensation and
<br />Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party
<br />encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability
<br />for consequential or any other damages, suspend performance of services on the portion of the
<br />Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to
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<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.
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