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limited to all fees and charges of engineers, architects, attorneys, and other professionals and all ' <br /> court or arbitration or other dispute resolution costs) arising out of, resulting from, or relating to <br /> the unauthorized use, reuse, or modification of the Drawings, Specifications, or other documents <br /> (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, , <br /> including electronic media editions, by Contractor, its employees, agents, or any other person or <br /> entity for whom Contractor is legally liable. <br /> 3.06 Electronic Data ' <br /> A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or , <br /> Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are <br /> limited to the printed copies(also known as hard copies). Files in electronic media format of text, <br /> data, surveys, graphics, or other types are furnished, if at all, only for the convenience of the ' <br /> receiving party. Any conclusion or information obtained or derived from such electronic files <br /> will be at the user's sole risk. To the extent that any discrepancy exists between the electronic <br /> files and the hard copies,the hard copies shall govern. ' <br /> 1. The Engineer may, but shall not be obligated to, make copies of requested Drawings in <br /> electronic format for the Contractor's convenience and to facilitate the Contractor's ' <br /> administration of the Project. Because information presented on electronic files can be <br /> modified, unintentionally or otherwise, the Engineer reserves the right to remove all <br /> indications of ownership from each electronic display. Notwithstanding the removal of ' <br /> indicia of ownership, the Engineer's copyright interest in such files and the information <br /> contained therein shall not be abridged or abated by such action. The use of electronic files <br /> prepared by the Engineer shall not in any way relieve the contractor of its duty to fully , <br /> comply with the Contract Documents nor negate the Contractor's responsibility for <br /> coordination of other trades, and taking field measurements. <br /> B. Because data stored in electronic media format can deteriorate or be modified inadvertently or <br /> otherwise without authorization of the data's creator, the party receiving electronic files agrees <br /> that it will perform acceptance tests or procedures within 60 days, after which the receiving party ' <br /> shall be deemed to have accepted the data thus transferred. To the extent that any errors are <br /> detected, the receiving party shall provide written notice to the transferring party, which party <br /> shall correct such errors identified within the 60 day acceptance period. , <br /> C. When transferring documents in electronic media format, the transferring party makes no <br /> representations as to long term compatibility, usability, or readability of documents resulting ' <br /> from the use of software application packages, operating systems, or computer hardware <br /> differing from those used by the data's creator. <br /> ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; ' <br /> HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS <br /> 4.01 Availability of Lands <br /> A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions ' <br /> not of general application but specifically related to use of the Site with which Contractor must <br /> comply in performing the Work. Owner will obtain in a timely manner and pay for easements for <br /> permanent structures or permanent changes in existing facilities. If Contractor and Owner are ' <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 12 of 81 <br />