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Page 4 <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 />ARTICLE 6 – GENERAL CONSIDERATIONS <br />6.01 Standards of Performance <br />A.Standard of Care: The standard of care for all professional engineering and related services <br />performed or furnished by Engineer under this Agreement will be the care and skill <br />ordinarily used by members of the subject profession practicing under similar <br />circumstances at the same time and in the same locality. Engineer makes no warranties, <br />express or implied, under this Agreement or otherwise, in connection with Engineer’s <br />services. <br />B.Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the <br />technical accuracy of Engineer’s services. Engineer shall correct deficiencies in technical <br />accuracy without additional compensation, unless such corrective action is directly <br />attributable to deficiencies in Owner-furnished information. <br />C.Consultants: Engineer may employ such Consultants as Engineer deems necessary to assist <br />in the performance or furnishing of the services, subject to reasonable, timely, and <br />substantive objections by Owner. <br />D.Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, Engineer <br />and its Consultants may use or rely upon design elements and information ordinarily or <br />customarily furnished by others, including, but not limited to, specialty contractors, <br />manufacturers, suppliers, and the publishers of technical standards. <br />E.Compliance with Laws and Regulations, and Policies and Procedures: <br />1.Engineer and Owner shall comply with applicable Laws and regulations. <br />2.Prior to the Effective Date, Owner provided to Engineer in writing any and all <br />policies and procedures of Owner applicable to Engineer's performance of services under <br />this Agreement. provided to Engineer in writing. Engineer shall comply with such policies <br />and procedures, subject to the standard of care set forth in Paragraph 6.01.A, and to the <br />extent compliance is not inconsistent with professional practice requirements. <br />3.This Agreement is based on Laws and Regulations and Owner-provided written <br />policies and procedures as of the Effective Date. Changes after the Effective Date to <br />these Laws and Regulations, or to Owner-provided written policies and procedures, may <br />be the basis for modifications to Owner’s responsibilities or to Engineer’s scope of <br />services, times of performance, or compensation. <br />F.Engineer shall not be required to sign any documents, no matter by whom requested, that <br />would result in the Engineer having to certify, guarantee, or warrant the existence of <br />conditions whose existence the Engineer cannot ascertain. Owner agrees not to make <br />resolution of any dispute with the Engineer or payment of any amount due to the Engineer <br />in any way contingent upon the Engineer signing any such documents.