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but without limitation, moneys that are due or may
<br />become due) in this Agreement without the written
<br />consent of the other, except to the extent that any
<br />assignment, subletting, or transfer is mandated or
<br />restricted by law. Unless specifically stated to the
<br />contrary in any written consent to an assignment, no
<br />assignment will release or discharge the assignor from
<br />any duty or responsibility under this Agreement.
<br />7.01 General Considerations
<br />A. The standard of care for all professional
<br />engineering and related services performed or furnished
<br />by Engineer under this Agreement will be the care and
<br />skill ordinarily used by members of the subject
<br />profession practicing under similar circumstances at the
<br />same time and in the same locality. Engineer makes no
<br />warranties, express or implied, under this Agreement or
<br />otherwise, in connection with Engineer's services.
<br />Engineer and its consultants may use or rely upon the
<br />design services of others, including, but not limited to,
<br />contractors, manufacturers, and suppliers.
<br />B. Engineer shall not at any time supervise,
<br />direct, or have control over any contractor's work, nor
<br />shall Engineer have authority over or responsibility for
<br />the means, methods, techniques, sequences, or
<br />procedures of construction selected or used by any
<br />contractor, for safety precautions and programs incident
<br />to a contractor's work progress, nor for any failure of
<br />any contractor to comply with laws and regulations
<br />applicable to contractor's work.
<br />C. Engineer neither guarantees the performance of
<br />any contractor nor assumes responsibility for any
<br />contractor's failure to furnish and perform its work in
<br />accordance with the contract between Owner and such
<br />contractor.
<br />D. Engineer shall not be responsible for the acts
<br />or omissions of any contractor, subcontractor, or
<br />supplier, or of any contractor's agents or employees or
<br />any other persons (except Engineer's own employees) at
<br />the Project site or otherwise furnishing or performing
<br />any of construction work; or for any decision made on
<br />interpretations or clarifications of the construction
<br />contract given by Owner without consultation and advice
<br />of Engineer.
<br />E. The general conditions for any construction
<br />contract documents prepared hereunder are to be the
<br />"Standard General Conditions of the Construction
<br />Contract" as prepared by the Engineers Joint Contract
<br />Documents Committee (No. C-700, 2002 Edition).
<br />F. All design documents prepared or furnished by
<br />Engineer are instruments of service, and Engineer
<br />retains an ownership and property interest (including the
<br />copyright and the right of reuse) in such documents,
<br />whether or not the Project is completed.
<br />G. To the fullest extent permitted by law, Owner
<br />and Engineer (1) waive against each other, and the
<br />other's employees, officers, directors, agents, insurers,
<br />partners, and consultants, any and all claims for or
<br />entitlement to special, incidental, indirect, or
<br />consequential damages arising out of, resulting from, or
<br />in any way related to the Project, and (2) agree that
<br />Engineer's total liability to Owner under. this Agreement
<br />shall be limited to $5,640.00 or the total amount of
<br />compensation received by Engineer, whichever is
<br />greater.
<br />H. The parties acknowledge that Engineer's scope
<br />of services does not include any services related to a
<br />Hazardous Environmental Condition (the presence of
<br />asbestos, PCBs, petroleum, hazardous substances or
<br />waste, and radioactive materials). If Engineer or any
<br />other party encounters a Hazardous Environmental
<br />Condition, Engineer may, at its option and without
<br />liability for consequential or any other damages, suspend
<br />performance of services on the portion of the Project
<br />affected thereby until Owner: (i) retains appropriate
<br />specialist consultants or contractors to identify and, as
<br />appropriate, abate, remediate, or remove the Hazardous
<br />Environmental Condition; and (ii) warrants that the Site
<br />is in full compliance with applicable Laws and
<br />Regulations.
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<br />EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services
<br />Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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