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purposes. Furthermore, misapplication of the Engineer's instruments of
<br />service can cause occurrences that potentially have life/safety and financial
<br />consequences. The Engineer's instruments of service are not intended or
<br />represented to be suitable for use by the Owner or by others acting for the
<br />Owner for other purposes on this project or on extensions of this project or
<br />on any other project without written verification, adaptation or completion
<br />by Engineer and, when applicable, associated compensation to Engineer.
<br />2. Any changes or modifications to the instruments of service of Engineer
<br />which are introduced by anyone other than Engineer may have adverse
<br />consequences. Therefore, the change or modification of Engineer's
<br />instruments of service by the Owner or by others acting for the Owner shall
<br />be at the Owner 's sole risk and the Owner agrees, to the fullest extent
<br />permitted by law, to defend, indemnify and hold harmless Engineer from
<br />all claims, damages, and expenses, including attorney's fees, arising out of
<br />such change or modification.
<br />Use of the instruments of service of Engineer on extensions of this project,
<br />or on any other project by the Owner or by others acting for the Owner,
<br />without verification or adaptation by Engineer and appropriate
<br />compensation therefore, shall be at the Owner's sole risk and the Owner
<br />agrees, to the fullest extent permitted by law, to defend, indemnify and hold
<br />harmless Engineer from all claims, damages, and expenses, including
<br />attorney's fees, arising out of such use of Engineer's instruments of service
<br />for this project.
<br />H. To the fullest extent permitted by law, Owner and Engineer (1) waive against each
<br />other, and the other's employees, officers, directors, agents, insurers, partners, and
<br />consultants, any and all claims for or entitlement to special, incidental, indirect, or
<br />consequential damages arising out of, resulting from, or in any way related to the
<br />Project, and (2) agree that Engineer's total liability to Owner under this Agreement
<br />shall be limited to $50,000 or the total amount of compensation received by
<br />Engineer, whichever is greater.
<br />I. The parties acknowledge that Engineer's scope of services does not include any
<br />services related to a Hazardous Environmental Condition (the presence of asbestos,
<br />PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive
<br />Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et
<br />seq., or radioactive materials). If Engineer or any other party encounters a
<br />Hazardous Environmental Condition, Engineer may, at its option and without
<br />liability for consequential or any other damages, suspend performance of services
<br />on the portion of the Project affected thereby until Owner: (1) retains appropriate
<br />specialist consultants or contractors to identify and, as appropriate, abate,
<br />remediate, or remove the Hazardous Environmental Condition; and (2) warrants
<br />that the Site is in full compliance with applicable Laws and Regulations.
<br />EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services.
<br />Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved.
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