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CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK <br />The Notice of Acceptability of Work ("Notice") is expressly made subject to the following terms <br />and conditions to which all those who receive said Notice and rely thereon agree: <br />1. This Notice is given with the skill and care ordinarily used by members of the <br />engineering profession practicing under similar conditions at the same time and <br />in the same locality. <br />This Notice reflects and is an expression of the professional judgment of Engineer <br />This Notice is given as to the best of Engineer's knowledge, information, and belief as of the Notice Date. <br />This Notice is based entirely on and expressly limited by the scope of services Engineer has been employed <br />by Owner to perform or furnish during construction of the Project (including observation of the <br />Contractor's work) under Engineer's Agreement with Owner and under the Construction Contract referred <br />to in this Notice, and applies only to facts that are within Engineer's knowledge or could reasonably have <br />been ascertained by Engineer as a result of carrying out the responsibilities specifically assigned to <br />Engineer under such Agreement and Construction Contract. <br />This Notice is not a guarantee or warranty of Contractor's performance under the Construction Contract <br />referred to in this Notice, nor an assumption of responsibility for any failure of Contractor to furnish and <br />perform the Work thereunder in accordance with the Contract Documents. <br />Page 2 <br />(Exhibit E — Notice of Acceptability of Work) <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. <br />