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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.
<br />the prior written authorization of the Engineer. All Documents are instruments of service in
<br />respect to this Project, and Engineer shall retain an ownership and property interest therein
<br />(including the copyright and the right of reuse at the discretion of the Engineer) whether or not the
<br />Project is completed. Owner shall not rely in any way on any Document unless it is in printed
<br />form, signed or sealed by the Engineer or one of its Consultants.
<br />B. Either party to this Agreement may rely that data or information set forth on paper (also known as
<br />hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are
<br />the items that the other party intended to send. Files in electronic media format of text, data,
<br />graphics, or other types that are furnished by one party to the other are furnished only for
<br />convenience, not reliance by the receiving party. Any conclusion or information obtained or
<br />derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between
<br />the electronic files and the hard copies, the hard copies govern. If the parties agree to other
<br />electronic transmittal procedures, such are set forth in Exhibit J.
<br />C. Because data stored in electronic media format can deteriorate or be modified inadvertently or
<br />otherwise without authorization of the data’s creator, the party receiving electronic files agrees that
<br />it will perform acceptance tests or procedures within 60 days, after which the receiving party shall
<br />be deemed to have accepted the data thus transferred. Any transmittal errors detected within the
<br />60-day acceptance period will be corrected by the party delivering the electronic files.
<br />D. When transferring documents in electronic media format, the transferring party makes no
<br />representations as to long-term compatibility, usability, or readability of such documents resulting
<br />from the use of software application packages, operating systems, or computer hardware differing
<br />from those used by the documents’ creator.
<br />E. Owner may make and retain copies of Documents for information and reference in connection
<br />with use on the Project by Owner. Engineer grants Owner a limited license to use the Documents
<br />on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by
<br />Engineer of full payment for all services relating to preparation of the Documents and subject to
<br />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 Engineer, or for use or reuse
<br />by Owner or others on extensions of the Project, on any other project, or for any other use or
<br />purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any
<br />modification of the Documents, without written verification, completion, or adaptation by
<br />Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without
<br />liability or legal exposure to Engineer or to its officers, directors, members, partners, agents,
<br />employees, and Consultants; (3) Owner shall indemnify and hold harmless Engineer and its
<br />officers, directors, members, partners, agents, employees, and Consultants from all claims,
<br />damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use,
<br />reuse, or modification of the Documents without written verification, completion, or adaptation by
<br />Engineer; and (4) such limited license to Owner shall not create any rights in third parties.
<br />F. If Engineer at Owner’s request verifies the suitability of the Documents, completes them, or adapts
<br />them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer
<br />at rates or in an amount to be agreed upon by Owner and Engineer.
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