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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 />failure of a contractor to comply with laws and regulations applicable to such contractor's
<br />furnishing and performing of its work.
<br />C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is
<br />located.
<br />D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any
<br />contractor’s failure to furnish and perform its work in accordance with the contract between Owner
<br />and such contractor. Engineer is not responsible for variations between actual construction bids or
<br />costs and Engineer's opinions or estimates regarding construction costs.
<br />E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or
<br />supplier, or of any of their agents or employees or of any other persons (except Engineer’s own
<br />employees) at the Project site or otherwise furnishing or performing any construction work; or for
<br />any decision made regarding the construction contract requirements, or any application,
<br />interpretation, or clarification of the construction contract other than those made by Engineer.
<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. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains
<br />an ownership and property interest (including the copyright and the right of reuse) in such
<br />documents, whether or not the Project is completed. Owner shall have a limited license to use the
<br />documents on the Project, extensions of the Project, and for related uses of the Owner, subject to
<br />receipt by Engineer of full payment for all services relating to preparation of the documents and
<br />subject to the following limitations: (1) Owner acknowledges that such documents are not
<br />intended or represented to be suitable for use on the Project unless completed by Engineer, or for
<br />use or reuse by Owner or others on extensions of the Project, on any other project, or for any other
<br />use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse,
<br />or any 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 />H. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the
<br />other’s employees, officers, directors, agents, insurers, partners, and consultants, any and all claims
<br />for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting
<br />from, or in any way related to the Project, and (2) agree that Engineer’s total liability to Owner
<br />under this Agreement shall be limited to $20,000 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 services related to
<br />a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous
<br />substances or waste as defined by the Comprehensive Environmental Response, Compensation and
<br />Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party
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