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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 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
<br />that it will perform acceptance tests or procedures within 60 days, after which the receiving party
<br />shall be deemed to have accepted the data thus transferred. Any transmittal errors detected within
<br />the 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
<br />without liability or legal exposure to Engineer or to its officers, directors, members, partners,
<br />agents, employees, and Consultants; (3) Owner shall indemnify and hold harmless Engineer and
<br />its 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
<br />adapts them for extensions of the Project or for any other purpose, then Owner shall compensate
<br />Engineer at rates or in an amount to be agreed upon by Owner and Engineer.
<br />G. At completion of any survey services and upon payment of monies due the Engineer for those
<br />services, the Engineer shall provide the owner with all survey data and drawings, upon which it
<br />will become the property of the Owner.
<br />H. At completion of any traffic study services and upon payment of monies due the Engineer for
<br />those services, the Engineer shall provide the owner with all data and models, upon which it will
<br />become the property of the Owner.
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