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techniques, sequences, or procedures of construction selected or used by any contractor, or the
<br />safety precautions and programs incident thereto, for security or safety at the Project site, nor for
<br />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 law of the state or jurisdiction in which the Project is
<br />located.
<br />D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for
<br />any contractor's failure to furnish and perform its work in accordance with the contract between
<br />Owner and such contractor. Engineer is not responsible for variations between actual
<br />construction bids or costs and Engineer's opinions or estimates regarding construction costs.
<br />E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or
<br />supplier, or of any of their agents or employees or of any other persons (except Engineer's own
<br />employees) at the Project site or otherwise furnishing or performing any construction work; or for
<br />any decision made regarding the construction contract requirements, or any application,
<br />interpretation, or clarification of the construction contract other than those made by Engineer.
<br />F. The general conditions for any construction contract documents prepared hereunder are to be
<br />the "Standard General Conditions of the Construction Contract" as prepared by the Engineers
<br />Joint Contract Documents Committee (EJCDC G700, 2007 Edition) unless the parties agree
<br />otherwise.
<br />G. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains
<br />an ownership and property interest (including the copyright and the right of reuse) in such
<br />documents, whether or not the Project is completed. Owner shall have a limited license to use
<br />the documents on the Project, extensions of the Project, and for related uses of the Owner,
<br />subject to receipt by Engineer of full payment for all services relating to preparation of the
<br />documents and subject to the following limitations: (1) Owner acknowledges that such
<br />documents are not intended or represented to be suitable for use on the Project unless
<br />completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on
<br />any other project, or for any other use or purpose, without written verification or adaptation by
<br />Engineer; (2) any such use or reuse, or any modification of the documents, without written
<br />verification, completion, or adaptation by Engineer, as appropriate for the specific purpose
<br />intended, 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 shall
<br />indemnify and hold harmless Engineer and its officers, directors, members, partners, agents,
<br />employees, and consultants from all claims, damages, losses, and expenses, including attorneys'
<br />fees, arising out of or resulting from any use, reuse, or modification of the documents without
<br />written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner
<br />shall not create any rights in third parties.
<br />H. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the
<br />other's employees, officers, directors, agents, insurers, partners, and consultants, any and all
<br />EJCDC F,520 Short Form of Agreement Between Owner and Engineer for Professional Set-vices.
<br />Copyright ©2009 National Societe of Professional Engineers for EJCDC. Ali rights reserved.
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