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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 />and Engineer shall retain an ownership and property interest therein (including the copyright and
<br />the right of reuse at the discretion of the Engineer) whether or not the Project is completed. Owner
<br />shall not rely in any way on any Document unless it is in printed form, signed or sealed by the
<br />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 as
<br />hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are the
<br />items that the other party intended to send. Files in electronic media format of text, data, graphics,
<br />or other types that are furnished by one party to the other are furnished only for convenience, not
<br />reliance by the receiving party. Any conclusion or information obtained or derived from such
<br />electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files
<br />and the hard copies, the hard copies govern. If the parties agree to other electronic transmittal
<br />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 that
<br />it will perform acceptance tests or procedures within 60 days, after which the receiving party shall
<br />be deemed to have accepted the data thus transferred. Any transmittal errors detected within the
<br />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 resulting
<br />from the use of software application packages, operating systems, or computer hardware differing
<br />from those used by the documents’ creator.
<br />E. Owner may make and retain copies of Documents for information and reference in connection with
<br />use on the Project by Owner. Engineer grants Owner a limited license to use the Documents on the
<br />Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer
<br />of full payment for all services relating to preparation of the Documents and subject to the following
<br />limitations: (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 or others
<br />on extensions of the Project, on any other project, or for any other use or purpose, without written
<br />verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the
<br />Documents, without written verification, completion, or adaptation by Engineer, as appropriate for
<br />the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to
<br />Engineer or to its officers, directors, members, partners, agents, employees, and Consultants;
<br />(3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members,
<br />partners, 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 the
<br />Documents without written verification, completion, or adaptation by Engineer; and (4) such
<br />limited license to Owner shall not create any rights in third parties.
<br />F. If Engineer at Owner’s request verifies the suitability of the Documents, completes them, or adapts
<br />them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer
<br />at rates or in an amount to be agreed upon by Owner and Engineer.
<br />G. At completion of any survey services and upon payment of monies due the Engineer for those
<br />services, the Engineer shall provide the owner with all survey data and drawings, upon which it will
<br />become the property of the Owner.
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