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<br /> <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 />7 <br />B. If this Agreement does not establish protocols for electronic or digital transmittals, then <br />Owner and Engineer shall jointly develop such protocols. <br />C. When transmitting items in electronic media or digital format, the transmitting party <br />makes no representations as to long term compatibility, usability, or readability of the <br />items resulting from the recipient’s use of software application packages, operating <br />systems, or computer hardware differing from those used in the drafting or transmittal of <br />the items, or from those established in applicable transmittal protocols. <br />6.05 Insurance <br />A. Engineer shall procure and maintain insurance as set forth in Exhibit G. Engineer shall <br />cause Owner to be listed as an additional insured on any applicable general liability <br />insurance policy carried by Engineer. <br />B. Owner shall procure and maintain insurance as set forth in Exhibit G. Owner shall cause <br />Engineer and its Consultants to be listed as additional insureds on any general liability <br />policies carried by Owner, which are applicable to the Project. <br />C. Owner shall require Contractor to purchase and maintain policies of insurance covering <br />workers' compensation, general liability, motor vehicle damage and injuries, and other <br />insurance necessary to protect Owner's and Engineer's interests in the Project. Owner <br />shall require Contractor to cause Engineer and its Consultants to be listed as additional <br />insureds with respect to such liability insurance purchased and maintained by Contractor <br />for the Project. <br />D. Owner and Engineer shall each deliver to the Owner other certificates of insurance <br />evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior <br />to commencement of Engineer’s services and at renewals thereafter during the life of the <br />Agreement. <br />E. All policies of property insurance relating to the Project, including but not limited to any <br />builder’s risk policy, shall allow for waiver of subrogation rights and contain provisions to <br />the effect that in the event of payment of any loss or damage the insurers will have no <br />rights of recovery against any insured thereunder or against Engineer or its Consultants. <br />Owner and Engineer waive all rights against each other, Contractor, the Consultants, and <br />the respective officers, directors, members, partners, employees, agents, consultants, and <br />subcontractors of each and any of them, for all losses and damages caused by, arising out <br />of, or resulting from any of the perils or causes of loss covered by any builder’s risk policy <br />and any other property insurance relating to the Project. Owner and Engineer shall take <br />appropriate measures in other Project-related contracts to secure waivers of rights <br />consistent with those set forth in this paragraph. <br />F. All policies of insurance shall contain a provision or endorsement that the coverage <br />afforded will not be canceled or reduced in limits by endorsement, and that renewal will <br />not be refused, until at least 10 days prior written notice has been given to the primary <br />insured. Upon receipt of such notice, the receiving party shall promptly forward a copy of <br />the notice to the other party to this Agreement.