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including all electronic files, prepared under this agreement shall become the property of the
<br />Owner upon completion of services and payment in full of all monies due to the Engineer.
<br />The Owner shall not reuse or make any modification to the construction documents without
<br />the prior written authorization of the Engineer. All n..•...«. ients o ins4uments of
<br />not the P"eO is . Owner shall not rely in any way on any Document unless it is
<br />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
<br />known as hard copies) that the party receives from the other party by mail, hand delivery, or
<br />facsimile, are the items that the other party intended to send. Files in electronic media
<br />format of text, data, graphics, or other types that are furnished by one party to the other are
<br />furnished only for convenience, not reliance by the receiving party. Any conclusion or
<br />information obtained or derived from such electronic files will be at the user's sole risk. If
<br />there is a discrepancy between the electronic files and the hard copies, the hard copies
<br />govern.
<br />C. Because data stored in electronic media format can deteriorate or be modified inadvertently
<br />or otherwise without authorization of the data's creator, the party receiving electronic files
<br />agrees that it will perform acceptance tests or procedures within 60 days, after which the
<br />receiving party shall be deemed to have accepted the data thus transferred. Any transmittal
<br />errors detected within the 60-day acceptance period will be corrected by the party delivering
<br />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
<br />connection with use on the Project by Owner. Engineer grants Owner a limited license to
<br />use the Documents on the Project, extensions of the Project, and for related uses of the
<br />Owner, subject to receipt by Engineer of full payment for all services relating to preparation
<br />of the Documents and subject to the following limitations: (1) Owner acknowledges that
<br />such Documents are not intended or represented to be suitable for use on the Project unless
<br />completed by Engineer, or for use or reuse by Owner or others on extensions of the Project,
<br />on any other project, or for any other use or purpose, without written verification or
<br />adaptation by Engineer; (2) any such use or reuse, or any modification of the Documents,
<br />without written verification, completion, or adaptation by Engineer, as appropriate for the
<br />specific purpose intended, will be at Owner's sole risk and without liability or legal
<br />exposure to Engineer or to its officers, directors, members, partners, agents, employees, and
<br />Consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers,
<br />directors, members, partners, agents, employees, and Consultants from all claims, damages,
<br />losses, and expenses, including attorneys' fees, arising out of or resulting from any use,
<br />reuse, or modification of the Documents without written verification, completion, or
<br />adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in
<br />third parties.
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<br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services
<br />Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved.
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