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Page 16 <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 />C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses. <br />D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project <br />Representative.NOT INCLUDED <br />E. Exhibit E, Notice of Acceptability of Work.NOT INCLUDED <br />F. Exhibit F, Construction Cost Limit. NOT INCLUDED <br />G. Exhibit G, Insurance. <br />H. Exhibit H, Dispute Resolution. NOT INCLUDED <br />I. Exhibit I, Limitations of Liability. <br />J. Exhibit J, Special Provisions.NOT INCLUDED <br />K. Exhibit K, Amendment to Owner-Engineer Agreement. NOT INCLUDED <br />8.02 Total Agreement: <br />A. This Agreement, (together with the exhibits identified above) constitutes the entire agreement <br />between Owner and Engineer and supersedes all prior written or oral understandings. This <br />Agreement may only be amended, supplemented, modified, or canceled by a duly executed <br />written instrument based on the format of Exhibit K to this Agreement. <br />8.03 Designated Representatives: <br />A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to <br />act as Engineer’s and Owner’s representatives with respect to the services to be performed or <br />furnished by Engineer and responsibilities of Owner under this Agreement. Such an individual <br />shall have authority to transmit instructions, receive information, and render decisions relative to <br />the Project on behalf of the respective party whom the individual represents. <br />8.04 Engineer's Certifications: <br />A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in <br />competing for or in executing the Agreement. For the purposes of this Paragraph 8.04: <br />1."corrupt practice" means the offering, giving, receiving, or soliciting of any thing of <br />value likely to influence the action of a public official in the selection process or in the <br />Agreement execution; <br />2."fraudulent practice" means an intentional misrepresentation of facts made (a) to <br />influence the selection process or the execution of the Agreement to the detriment of <br />Owner, or (b) to deprive Owner of the benefits of free and open competition; <br />3."coercive practice" means harming or threatening to harm, directly or indirectly, persons <br />or their property to influence their participation in the selection process or affect the <br />execution of the Agreement.