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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 />property of the Owner upon completion of services and payment in full of all monies due
<br />to the Engineer. The Owner shall not reuse or make any modification to the construction
<br />documents without the prior written authorization of the Engineer. All Documents are
<br />instruments of service in respect to this Project, and Engineer shall retain an ownership and
<br />property interest therein (including the copyright and the right of reuse at the discretion of the
<br />Engineer) whether or not the Project is completed. Owner shall not rely in any way on any
<br />Document unless it is in printed 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
<br />as hard copies) that the party receives from the other party by mail, hand delivery, or facsimile,
<br />are 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
<br />within 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
<br />resulting from the use of software application packages, operating systems, or computer
<br />hardware differing 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
<br />Documents on the Project, extensions of the Project, and for related uses of the Owner, subject
<br />to receipt by Engineer of full payment for all services relating to preparation of the Documents
<br />and 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
<br />other use or purpose, without written verification or adaptation by Engineer; (2) any such use or
<br />reuse, or any modification of the Documents, without written verification, completion, or
<br />adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole
<br />risk and without liability or legal exposure to Engineer or to its officers, directors, members,
<br />partners, agents, employees, and Consultants; (3) Owner shall indemnify and hold harmless
<br />Engineer and its officers, directors, members, partners, agents, employees, and Consultants from
<br />all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting
<br />from any use, reuse, or modification of the Documents without written verification, completion,
<br />or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in
<br />third parties.
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