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<br />EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
<br />Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
<br /> and American Society of Civil Engineers. All rights reserved. Page
<br />6
<br />B. If Engineer is required to prepare or furnish Drawings or Specifications under this
<br />Agreement, Engineer shall deliver to Owner at least one original printed record version of
<br />such Drawings and Specifications, signed and sealed according to applicable Laws and
<br />Regulations.
<br />C. Owner may make and retain copies of Documents for information and reference in
<br />connection with the use of the Documents on the Project. Engineer grants Owner a
<br />license to use the Documents on the Project, extensions of the Project, and for related
<br />uses of the Owner, subject to receipt by Engineer of full payment due and owing for all
<br />services relating to preparation of the Documents, and subject to the following limitations:
<br />(1) Owner acknowledges that such Documents are not intended or represented to be
<br />suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner
<br />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,
<br />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
<br />Owner’s sole risk and without liability or legal exposure to Engineer or to its officers,
<br />directors, members, partners, agents, employees, and Consultants; (3) Owner shall
<br />indemnify and hold harmless Engineer and its officers, directors, members, partners,
<br />agents, employees, and Consultants from all claims, damages, losses, and expenses,
<br />including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of
<br />the Documents without written verification, completion, or adaptation by Engineer; and
<br />(4) such license to Owner shall not create any rights in third parties.
<br />D. If Engineer at Owner’s request verifies the suitability of the Documents, completes them,
<br />or adapts them for extensions of the Project or for any other purpose, then Owner shall
<br />compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer.
<br />6.03 Electronic Transmittals
<br />A. Owner and Engineer may transmit, and shall accept, Project-related correspondence,
<br />Documents, text, data, drawings, information, and graphics, in electronic media or digital
<br />format, either directly, or through access to a secure Project website, in accordance with a
<br />mutually agreeable protocol.
<br />B. If this Agreement does not establish protocols for electronic or digital transmittals, then
<br />Owner and Engineer shall jointly develop such protocols.
<br />C. When transmitting items in electronic media or digital format, the transmitting party
<br />makes no representations as to long term compatibility, usability, or readability of the
<br />items resulting from the recipient’s use of software application packages, operating
<br />systems, or computer hardware differing from those used in the drafting or transmittal of
<br />the items, or from those established in applicable transmittal protocols.
<br />6.04 Insurance
<br />A. Engineer shall procure and maintain insurance as set forth in Exhibit G. Engineer shall
<br />cause Owner to be listed as an additional insured on any applicable general liability
<br />insurance policy carried by Engineer.
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