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<br />EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
<br />Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
<br /> and American Society of Civil Engineers. All rights reserved. Page
<br />6
<br />and interpretation of the Construction Contract Documents, review and response to
<br />Contractor claims, Construction Contract administration, processing of Change Orders and
<br />submittals, revisions to the Construction Contract Documents during construction,
<br />construction observation and review, review of Contractor’s payment applications, and all
<br />other necessary Construction Phase administrative, engineering, and professional services.
<br />Owner waives all claims against the Engineer that may be connected in any way to
<br />Construction Phase administrative, engineering, or professional services except for those
<br />services that are expressly required of Engineer in Exhibit A.
<br />6.03 Use of Documents
<br />A. All Documents are instruments of service, and Engineer shall retain an ownership and
<br />property interest therein (including the copyright and the right of reuse at the discretion
<br />of the Engineer) whether or not the Project is completed.
<br />B. If Engineer is required to prepare or furnish Drawings or Specifications under this
<br />Agreement, Engineer shall deliver to Owner at least one original printed record version of
<br />such Drawings and Specifications, signed and sealed according to applicable Laws and
<br />Regulations.
<br />C. Owner may make and retain copies of Documents for information and reference in
<br />connection with the use of the Documents on the Project. Engineer grants Owner a
<br />limited license to use the Documents on the Project, extensions of the Project, and for
<br />related uses of the Owner, subject to receipt by Engineer of full payment due and owing
<br />for all services relating to preparation of the Documents, and subject to the following
<br />limitations: (1) Owner acknowledges that such Documents are not intended or
<br />represented to be suitable for use on the Project unless completed by Engineer, or for use
<br />or reuse by Owner or others on extensions of the Project, on any other project, or for any
<br />other use or purpose, without written verification or adaptation by Engineer; (2) any such
<br />use or reuse, or any modification of the Documents, without written verification,
<br />completion, or adaptation by Engineer, as appropriate for the specific purpose intended,
<br />will be at Owner’s sole risk and without liability or legal exposure to Engineer or to its
<br />officers, directors, members, partners, agents, employees, and Consultants; (3) Owner
<br />shall indemnify and hold harmless Engineer and its officers, directors, members, partners,
<br />agents, employees, and Consultants from all claims, damages, losses, and expenses,
<br />including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of
<br />the Documents without written verification, completion, or adaptation by Engineer; and
<br />(4) such limited license to Owner shall not create any rights in third parties.
<br />D. If Engineer at Owner’s request verifies the suitability of the Documents, completes them,
<br />or adapts them for extensions of the Project or for any other purpose, then Owner shall
<br />compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer.
<br />6.04 Electronic Transmittals
<br />A. Owner and Engineer may transmit, and shall accept, Project-related correspondence,
<br />Documents, text, data, drawings, information, and graphics, in electronic media or digital
<br />format, either directly, or through access to a secure Project website, in accordance with a
<br />mutually agreeable protocol.
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