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<br /> <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 />17 <br />J. Exhibit J, Special Provisions. <br />K. Exhibit K, Amendment to Owner-Engineer Agreement. NOT USED <br />8.02 Total Agreement <br />A. This Agreement, (together with the exhibits included above) constitutes the entire <br />agreement between Owner and Engineer and supersedes all prior written or oral <br />understandings. This Agreement may only be amended, supplemented, modified, or <br />canceled by a written instrument duly executed by both parties. Amendments should be <br />based whenever possible 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 <br />individuals to act as Engineer’s and Owner’s representatives with respect to the services to <br />be performed or furnished by Engineer and responsibilities of Owner under this <br />Agreement. Such an individual shall have authority to transmit instructions, receive <br />information, and render decisions relative to this Agreement on behalf of the respective <br />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 value <br />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.