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connection with Engineer's services. Subject to the foregoing standard of care, Engineer and its
<br />consultants may use or rely upon design elements and information ordinarily or customarily
<br />furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers,
<br />and the publishers of technical standards.
<br />B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's
<br />work, nor shall Engineer have authority over or be responsible for the means, methods, techniques,
<br />sequences, or procedures of construction selected or used by any contractor, or the safety
<br />precautions and programs incident thereto, for security or safety at the Project site, nor for any
<br />failure of a contractor to comply with laws and regulations applicable to such contractor's
<br />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 is
<br />located.
<br />D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any
<br />contractor's failure to furnish and perform its work in accordance with the contract between Owner
<br />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. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains
<br />an ownership and property interest (including the copyright and the right of reuse) in such
<br />documents, whether or not the Project is completed. Owner shall have a limited license to use the
<br />documents on the Project, extensions of the Project, and for related uses of the Owner, subject to
<br />receipt by Engineer of full payment for all services relating to preparation of the documents and
<br />subject to the following limitations: (1) Owner acknowledges that such documents are not intended
<br />or 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 or
<br />legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and
<br />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.
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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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