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C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is
<br />located.
<br />D. Engineer- Architect neither guarantees the performance of any contractor nor assumes responsibility
<br />for any contractor's failure to furnish and perform its work in accordance with the contract
<br />between Owner and such contractor. Paginee Architect is not responsible for variations between
<br />actual construction bids or costs and Engin@e Architect's opinions or estimates regarding
<br />construction costs.
<br />& Engineer- Architect 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 persons (except
<br />Engin Architect's own employees) at the Project site or otherwise furnishing or performing any
<br />construction work; or for any decision made regarding the construction contract requirements, or
<br />any application, interpretation, or clarification of the construction contract other than those made
<br />by Engine Architect.
<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 G700, 2007 Edition) unless the parties agree otherwise.
<br />G. The Owner acknowledges the gagk4ee Architect's construction documents, including all
<br />electronic files, as instruments of professional services. 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 />the following limitations: (1) Owner acknowledges that such documents are not intended or
<br />represented to be suitable for use on the Project unless completed by E'Rgine@ Architect, or for use
<br />or reuse by Owner or others on extensions of the Project, on any other project, or for any other use
<br />or purpose, without written verification or adaptation by Fftiaeer- Architect; (2) any such use or
<br />reuse, or any modification of the documents, without written verification, completion, or
<br />adaptation by Fftii4ee Architect, as appropriate for the specific purpose intended, will be at
<br />Owner's sole risk and without liability or legal exposure to F�,Mgiae@ Architect or to its officers,
<br />directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and
<br />hold harmless Engin@e Architect and its officers, directors, members, partners, agents, employees,
<br />and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising
<br />out of or resulting from any use, reuse, or modification of the documents without written
<br />verification, completion, or adaptation by Enginee Architect; and (4) such limited license to
<br />Owner shall not create any rights in third parties. Nevertheless, the final construction documents,
<br />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 Fftineep
<br />Architect.
<br />H. To the fullest extent permitted by law, Owner and Engineo Architect (1) waive against each other,
<br />and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and
<br />all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of,
<br />resulting from, or in any way related to the Project, and (2) agree that Enginee Architect's total
<br />liability to Owner under this Agreement shall be limited to 50 00'0 or the total amount of
<br />compensation received by Engine@ Architect, whichever is greater.
<br />The parties acknowledge that VsRgine Architect's scope of services does not include any services
<br />related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum,
<br />hazardous substances or waste as defined by the Comprehensive Environmental Response,
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<br />EJCDC E-500 Agreement Behveen Owner and Engineer for Professional Services
<br />Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved.
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