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for any failure of a contractor to comply with laws and regulations applicable to such contractor's
<br />furnishing and performing of its work.
<br />E This Agreement is to be governed by the law of the state or jurisdiction in which the Project is
<br />located.
<br />D. Winer Architect neither guarantees the performance of any contractor nor assumes responsibility
<br />for any contractor's failure to furnish and perform its work in accordance with the contract between
<br />Owner and such contractor. ,' eer Architect is not responsible for variations between actual
<br />construction bids or costs and FAVmneer Architect's opinions or estimates regarding construction
<br />costs.
<br />E. E*gineff Architect shall not be responsible for the acts or omissions of any contractor,
<br />subcontractor, or supplier, or of any of their agents or employees or of any other persons (except
<br />Engineer Architect's own employees) at the Project site or otherwise furnishing or performing any
<br />construction work; or for any decision made regarding the construction contract requirements, or
<br />any application, interpretation, or clarification of the construction contract other than those made by
<br />EegineeF Architect.
<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 E+igineff Architect's construction documents, including all
<br />electronic files, as instruments of professional services. Owner shall have a limited license to use
<br />the documents on the Project, extensions of the Project, and for related uses of the Owner, subject
<br />to the 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 &kgineer Architect, or for use
<br />or reuse by Owner or others on extensions of the Project, on any other project, or for any other use
<br />or purpose, without written verification or adaptation by Ungineer Architect; (2) any such use or
<br />reuse, or any modification of the documents, without written verification, completion, or adaptation
<br />by eer Architect, as appropriate for the specific purpose intended, will be at Owner's sole risk
<br />and without liability or legal exposure to EAgineef Architect or to its officers, directors, members,
<br />partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless
<br />Engmftf Architect and its officers, directors, members, partners, agents, employees, and
<br />consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of
<br />or resulting from any use, reuse, or modification of the documents without written verification,
<br />completion, or adaptation by Eagrleer Architect; and (4) such limited license to Owner shall not
<br />create any rights in third parties. 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 FagHwff Architect.
<br />H. To the fullest extent permitted by law, Owner and Engine Architect (1) waive against each other,
<br />and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all
<br />claims for or entitlement to special, incidental, indirect, or consequential damages arising out of,
<br />resulting from, or in any way related to the Project, and (2) agree that Eiwg leer Architect's total
<br />liability to Owner under this Agreement shall be limited to Vim or the total amount of
<br />compensation received by E +wer Architect, whichever is greater.
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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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