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DocuSign Envelope ID: FF970415-DFD4-471E-A810-EC458D56AC5E
<br /> implies any review, oversight, or approval by Engineer. In no case shall the transfer, delivery, or receipt of
<br /> such data provide any right to others to rely upon the electronic information. In all cases, hard-copy
<br /> drawings shall be the authoritative documents, taking precedence over any electronic data.
<br /> PROJECT DOCUMENTS
<br /> All drawings, specifications, reports, and other documents produced pursuant to this Agreement shall be
<br /> instruments of service provided by Engineer, and consequently are the exclusive property of Engineer.
<br /> Client is granted license by Engineer for use of the documents, only for the Project site and the intended
<br /> use thereof. This license shall allow the Owner's contractors and their subcontractors and suppliers to use
<br /> the Project drawings and specifications for normal construction purposes. Project documents may not be
<br /> used nor relied upon by others except by specific written permission from Engineer, nor shall they be used
<br /> by anyone in connection with any other project or site. Project documents may require interpretation by
<br /> Engineer during project construction, or may need modification in response to changed conditions or
<br /> regulations, discovery of unknown conditions or regulations, or other cause.
<br /> ENGINEER'S DUTIES DURING CONSTRUCTION
<br /> During the course of Project construction, Engineer shall not supervise, direct, control, have authority over,
<br /> nor be responsible for any contractor's or subcontractor's means, methods, techniques, or procedures of
<br /> construction, or the safety precautions and programs incident thereto, or for any failure of any contractor or
<br /> subcontractor to comply with contract documents or with laws and regulations applicable to the furnishing
<br /> or performance of the contractor's work.
<br /> CERTIFICATIONS
<br /> Any certification issued by Engineer for this Project shall be understood as a statement of Engineer's
<br /> professional opinion regarding the condition being certified, based on Engineer's limited knowledge, and
<br /> based on work performed under the scope of this Agreement. Engineer shall not be required to certify,
<br /> guarantee, or warrant the existence of any condition that Engineer cannot ascertain. No certification,
<br /> statement, or document issued by Engineer shall constitute an express warranty or guarantee to any party.
<br /> SEVERABILITY
<br /> If any one or more provisions of this Agreement are found to be invalid, illegal, or unenforceable for any
<br /> reason, all other portions of this Agreement shall remain in effect. Failure by Engineer to enforce any
<br /> provision of this Agreement shall not constitute a waiver of the provision, or waiver of any other provision
<br /> or right under this Agreement or in law.
<br /> TERMINATION
<br /> Either party may terminate this Agreement, for convenience or for cause. In the event of termination by
<br /> either party, Client shall pay Engineer for all services performed prior to the time of notice of such
<br /> termination. In addition, if termination occurs by Client for any reason other than Engineer's negligence,
<br /> error, omission, or material breach of contract, Client shall pay Engineer 20% of the remaining unbilled
<br /> contract amount or estimated fee, as applicable. Upon termination of this Agreement for any reason,
<br /> Client's license for further use of any Project documents produced under this Agreement shall be
<br /> immediately revoked; whereupon Client shall not use, nor allow any agent of Client to use, the documents
<br /> for any purpose except as may be specifically agreed in writing by Engineer.
<br /> SURVIVAL
<br /> All express and implied waivers, indemnification obligations, risk allocations, limitations, and procedures
<br /> contained herein shall survive completion or termination of this Agreement for any reason.
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