|
or the safety precautions and programs incident thereto, for security or safety at the Project site, nor
<br />for any failure of a contractor to comply with laws and regulations applicable to such contractor's
<br />furnishing and performing of its work.
<br />C. This Agreement is to be governed by the Iaw of the state or jurisdiction in which the Project is
<br />located.
<br />D. Architect/Engineer 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 between
<br />Owner and such contractor. Architect/Engineer is not responsible for variations between actual
<br />construction bids or costs and Architect/Engineer's opinions or estimates regarding construction
<br />costs.
<br />E. Architect/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 persons (except
<br />Architect/Engineer'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 by
<br />Architect/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 Architect/Engineers
<br />Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree
<br />otherwise.
<br />G. All documents prepared or furnished by Architect/Engineer are instruments of service, and
<br />Architect/Engineer retains an ownership and property interest (including the copyright and the right
<br />of reuse) in such documents, whether or not the Project is completed, Owner shall have a limited
<br />license to use the documents on the Project, extensions of the Project, and for related uses of the
<br />Owner, subject to receipt by Architect/Engineer of full payment for all services relating to
<br />preparation of the documents and subject to the following limitations: (1) Owner acknowledges
<br />that such documents are not intended or represented to be suitable for use on the Project unless
<br />completed by Architect/Engineer, or for use or reuse by Owner or others on extensions of the
<br />Project, on any other project, or for any other use or purpose, without written verification or
<br />adaptation by Architect/Engineer; (2) any such use or reuse, or any modification of the documents,
<br />without written verification, completion, or adaptation by Arch itect/Engineer, as appropriate for the
<br />specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to
<br />Architect/Engineer or to its officers, directors, members, partners, agents, employees, and
<br />consultants; (3) Owner shall indemnify and hold harmless Architect/Engineer and its officers,
<br />directors, members, partners, agents, employees, and consultants from all claims, damages, losses,
<br />and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or
<br />modification of the documents without written verification, completion, or adaptation by
<br />Architect/Engineer; and (4) such limited license to Owner shall not create any rights in third parties.
<br />H. To the fullest extent permitted by law, Owner and Architect/Engineer (1) waive against each other,
<br />and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all
<br />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 Architect/Engineer's total
<br />Page 4
<br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services
<br />Copyright © 2008 National Societv of Professional Enmineers for EJCDC. All rights reserved.
<br />
|