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employees) at the Project site or otherwise furnishing or performing any construction work; or for
<br /> any decision made regarding the construction contract requirements, or any application,
<br /> interpretation,or clarification of the construction contract other than those made by Engineer.
<br /> F. The general conditions for any construction contract documents prepared hereunder are to be the
<br /> "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint
<br /> Contract Documents Committee(EJCDC C-700,2007 Edition)unless the parties agree otherwise.
<br /> G. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains
<br /> an ownership and property interest (including the copyright and the right of reuse) in such
<br /> documents, whether or not the Project is completed. Owner shall have a limited license to use the
<br /> documents on the Project, extensions of the Project, and for related uses of the Owner, subject to
<br /> receipt by Engineer of full payment for all services relating to preparation of the documents and
<br /> subject to the following limitations: (1) Owner acknowledges that such documents are not intended
<br /> or represented to be suitable for use on the Project unless completed by Engineer,or for use or reuse
<br /> by Owner 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, or any
<br /> modification of the documents,without written verification, completion, or adaptation by Engineer,
<br /> as appropriate for the specific purpose intended,will be at Owner's sole risk and without liability or
<br /> legal 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, directors,
<br /> members, partners, agents, employees, and consultants from all claims, damages, losses, and
<br /> expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification
<br /> of the 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 /> H. To the fullest extent permitted by law, Owner and Engineer (1)waive against each other, and the
<br /> other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims
<br /> for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting
<br /> from, or in any way related to the Project, and (2) agree that Engineer's total liability to Owner
<br /> under this Agreement shall be limited to ' 'c'' i(:i(; or the total amount of compensation received by
<br /> Engineer, whichever is greater.
<br /> I. The parties acknowledge that Engineer's scope of services does not include any services related to a
<br /> Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous
<br /> substances or waste as defined by the Comprehensive Environmental Response, Compensation and
<br /> Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party
<br /> encounters a Hazardous Environmental Condition,Engineer may, at its option and without liability
<br /> for consequential or any other damages, suspend performance of services on the portion of the
<br /> Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to
<br /> identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition;
<br /> and(2)warrants that the Site is in full compliance with applicable Laws and Regulations.
<br /> J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days
<br /> after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute
<br /> shall be mediated. If mediation is unsuccessful,then the parties may exercise their rights at law.
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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.
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