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the same time and in the same locality. Engineer makes no warranties, express or <br />implied, under this Agreement or otherwise, in connection with Engineer's services. <br />Subject to the foregoing standard of care, Engineer and its consultants may use or <br />rely upon design elements and information ordinarily or customarily furnished by <br />others, including, but not limited to, specialty contractors, manufacturers, suppliers, <br />and the publishers of technical standards. <br />B. Engineer shall not at any time supervise, direct, control, or have authority over any <br />contractor's work, nor shall Engineer have authority over or be responsible for the <br />means, methods, techniques, sequences, or procedures of construction selected or <br />used by any contractor, or the safety precautions and programs incident thereto, for <br />security or safety at the Project site, nor for any failure of a contractor to comply <br />with laws and regulations applicable to such contractor's furnishing and performing <br />of its work. <br />C. This Agreement is to be governed by the law of the state or jurisdiction in which the <br />Project is located. <br />D. Insurance schedule is provided in attachment C <br />E. Engineer neither guarantees the performance of any contractor nor assumes <br />responsibility for any contractor's failure to furnish and perform its work in <br />accordance with the contract between Owner and such contractor. Engineer is not <br />responsible for variations between actual construction bids or costs and Engineer's <br />opinions or estimates regarding construction costs. <br />F. Engineer shall not be responsible for the acts or omissions of any contractor, <br />subcontractor, or supplier, or of any of their agents or employees or of any other <br />persons (except Engineer's own employees) at the Project site or otherwise <br />furnishing or performing any construction work; or for any decision made regarding <br />the construction contract requirements, or any application, interpretation, or <br />clarification of the construction contract other than those made by Engineer. <br />G. Force Maieure. Neither party shall be obligated to perform, and neither party shall be <br />deemed to be in default of its performance, if prevented by (i) fire not caused by the <br />act or omission of the party, earthquake , hurricane, wind, flood , act of God, riot or <br />civil commotion occurring at the unit site which the party could not reasonably have <br />foreseen and provided for; (ii) any law, ordinance, rule, regulation, or order of any <br />public or military authority stemming from the existence of economic or energy <br />controls, hostilities, war, or governmental law and regulation; or (iii) labor dispute <br />which results in a strike or work stoppage affecting the unit site or services <br />described in this Agreement other than those occurring as a result of an act or <br />omission of Engineer; provided, however, the event of force majeure was not in the <br />reasonable control of the part <br />EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. <br />Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 4 <br />