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6E (1)
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06-28-12 Packet
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6E (1)
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11/1/2012 10:00:40 AM
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6/25/2012 1:00:58 PM
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extent permitted by law, to hold harmless and indemnify the Engineer from and against <br />all claims, liabilities, losses, damages, and costs, including but not limited to attorney's <br />fees, arising therefrom or in connection therewith. <br />The Client recognizes that changes or modifications to the Engineer's instruments of <br />professional service introduced by anyone other than the Engineer may result in adverse <br />consequences which the Engineer can neither predict nor control. Therefore, and in <br />consideration of the Engineer's agreement to deliver its instruments of professional <br />service in machine readable form, the Client agrees, to the fullest extent permitted by <br />law, to hold harmless and indemnify the Engineerfrom and against all claims, liabilities, <br />losses, damages, and costs, including but not limited to attorney's fees, arising out of or <br />in any way connected with the modification, misinterpretation, misuse, or reuse by others <br />of the machine readable information and data provided by the Engineer under this <br />Agreement. The foregoing indemnification applies, without limitation, to any use of the <br />Project Documentation on other projects, for additions to this Project, or for completion of <br />this Project by others, excepting only such use as may be authorized, in writing, by the <br />Engineer. <br />7. Reuse of Documents: All Project Documents including but not limited to reports, <br />opinions of probable costs, drawings and specifications furnished by Engineer pursuant <br />to this Agreement are intended for use on the Project only. They cannot be used by <br />Client or others on extensions of the Project or any other project. Any reuse, without <br />specific written verification or adaptation by Engineer, shall be at Client's sole risk, and <br />Client shall indemnify and hold harmless Engineer from all claims, damages, losses, and <br />expenses including attorney's fees arising out of or resulting therefrom. <br />The Engineer shall have the right to include representations of the design of the Project, <br />including photographs of the exterior and interior, among the Engineer's promotional and <br />professional materials. The Engineer's materials shall not include the Client's confidential <br />and proprietary Information if the Client has previously advised the Engineer in writing of <br />the specific information considered by the Client to be confidential and proprietary. <br />Standard of Practice: The Engineer will strive to conduct services under this agreement <br />in a manner consistent with that level of care and skill ordinarily exercised by members of <br />the profession currently practicing in the same locality under similar conditions as of the <br />date of this Agreement. <br />Compliance With Laws: The Engineer will strive to exercise usual and customary <br />professional care in his /her efforts to comply with those laws, codes, ordinance and <br />regulations which are in effect as of the date of this Agreement. <br />With specific respect to prescribed requirements of the Americans with Disabilities Act of <br />1990 or certified state or local accessibility regulations (ADA), Client understands ADA is <br />a civil rights legislation and that interpretation of ADA is a legal issue and not a design <br />issue and, accordingly, retention of legal counsel (by Client) for purposes of <br />interpretation is advisable. As such and with respect to ADA, Client agrees to waive any <br />action against Engineer, and to indemnify and defend Engineer against any claim arising <br />from Engineer's alleged failure to meet ADA requirements prescribed. <br />
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