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<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 /> <br />1. This Notice is given with the skill and care ordinarily used by members of the engineering <br />profession practicing under similar conditions at the same time and in the same locality. <br />2. This Notice reflects and is an expression of the professional judgment of Engineer. <br />3. This Notice is given as to the best of Engineer’s knowledge, information, and belief as of <br />the Notice Date. <br />4. This Notice is based entirely on and expressly limited by the scope of services Engineer has <br />been employed by Owner to perform or furnish during construction of the Project <br />(including observation of the Contractor’s work) under Engineer’s Agreement with Owner <br />and under the Construction Contract referred to in this Notice, and applies only to facts that <br />are within Engineer’s knowledge or could reasonably have been ascertained by Engineer as <br />a result of carrying out the responsibilities specifically assigned to Engineer under such <br />Agreement and Construction Contract. <br />5. This Notice is not a guarantee or warranty of Contractor’s performance under the <br />Construction Contract referred to in this Notice, nor an assumption of responsibility for any <br />failure of Contractor to furnish and perform the Work thereunder in accordance with the <br />Contract Documents. <br /> <br />Page 2 <br />(Exhibit E – Notice of Acceptability of Work) <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Service s. <br />Copyright © 2008 National Society of Professionaln Egineers for EJCDC. All rights reserved . <br /> <br />