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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 />4 <br />ARTICLE 6 – GENERAL CONSIDERATIONS <br />6.01 Standards of Performance <br />A. Standard of Care: The standard of care for all professional engineering and related <br />services performed or furnished by Engineer under this Agreement will be the care and <br />skill ordinarily used by members of the subject profession practicing under similar <br />circumstances at the same time and in the same locality. Engineer makes no warranties, <br />express or implied, under this Agreement or otherwise, in connection with any services <br />performed or furnished by Engineer. <br />B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the <br />technical accuracy of Engineer’s services. Engineer shall correct deficiencies in technical <br />accuracy without additional compensation, unless such corrective action is directly <br />attributable to deficiencies in Owner-furnished information. <br />C. Consultants: Engineer may retain such Consultants as Engineer deems necessary to assist <br />in the performance or furnishing of the services, subject to reasonable, timely, and <br />substantive objections by Owner. <br />D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, Engineer <br />and its Consultants may use or rely upon design elements and information ordinarily or <br />customarily furnished by others, including, but not limited to, specialty contractors, <br />manufacturers, suppliers, and the publishers of technical standards. <br />E. Compliance with Laws and Regulations, and Policies and Procedures: <br />1. Engineer and Owner shall comply with applicable Laws and Regulations. <br />2. Engineer shall comply with any and all policies, procedures, and instructions of Owner <br />that are applicable to Engineer's performance of services under this Agreement and that <br />Owner provides to Engineer in writing, subject to the standard of care set forth in <br />Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional <br />practice requirements. <br />3. This Agreement is based on Laws and Regulations and Owner-provided written policies <br />and procedures as of the Effective Date. The following may be the basis for <br />modifications to Owner’s responsibilities or to Engineer’s scope of services, times of <br />performance, or compensation: <br />a. changes after the Effective Date to Laws and Regulations; <br />b. the receipt by Engineer after the Effective Date of Owner-provided written policies <br />and procedures; <br />c. changes after the Effective Date to Owner-provided written policies or procedures. <br />F. Engineer shall not be required to sign any document, no matter by whom requested, that <br />would result in the Engineer having to certify, guarantee, or warrant the existence of <br />conditions whose existence the Engineer cannot ascertain. Owner agrees not to make