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<br />e <br /> <br />e <br /> <br />(Reverse side of Notice) <br /> <br />CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK <br /> <br />The Notice of Acceptability of Work ("Notice") on the front side of this sheet is expressly made subject to the <br />following terms and conditions to which all persons who receive said Notice and rely thereon agree: <br /> <br />I. Said Notice is given with the skill and care ordinarily used by members of the engineering profession <br />practicing under similar conditions at the same time and in the same locality. <br /> <br />2. Said Notice reflects and is an expression of the professional judgment of ENGINEER. <br /> <br />3. Said Notice is given as to the best of ENGINEER's knowledge, information, and belief as of the date hereof. <br /> <br />4. Said Notice is based entirely on and expressly limited by the scope of services ENGINEER has been <br />employed by OWNER to perform or furnish during construction of the Project (including observation of the <br />CONTRACTOR's work) under ENGINEER's Agreement with OWNER and under the Construction <br />Contract referenced on the reverse hereof, and applies only to facts that are within ENGINEER's knowledge <br />or could reasonably have been ascertained by ENGINEER as a result of carrying out the responsibilities <br />specifically assigned to ENGINEER under ENGINEER's Agreement with OWNER and the Construction <br />Contract referenced on the reverse hereof. <br /> <br />5. Said Notice is not a guarantee or warranty of CONTRACTOR's performance under the Construction <br />Contract referenced on the reverse hereof nor an assumption of responsibility for any failure of <br />CONTRACTOR to furnish and perform the Work thereunder in accordance with the Contract Documents. <br /> <br />Page 2 of 2 Pages <br />(Exhibit E - Notice of Acceptability of Work) <br />