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ARTICLC 9 - LIMITATIONS OF RESPONSIBILITY <br /> Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, <br /> procedures, or safety precautions and programs in connection with the Project; (2) the failure of <br /> any contractor, subcontractor,vendor, or other Project participant, not under contract to <br /> Engineer, to fulfill contractual responsibilities to the Owner or to comply with federal, state, or <br /> local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for <br /> any construction unless such responsibilities are specifically assigned to Engineer in Attachment <br /> A, Scope of Services. <br /> ARTICLE 10 - OPINIONS OF COST AND SCHEDULE <br /> Since Engineer has no control over the cost of labor, materials, or equipment furnished by others <br /> not under contract to Engineer, or over the resources provided by others not under contract to <br /> Engineer to meet Project schedules, Engineer's opinion of probable costs and of project schedules <br /> for construction shall be made on the basis of experience and qualifications as a professional <br /> engineer. Engineer does not guarantee that proposals, bids, or actual Project costs will not vary <br /> from Engineer's opinions of probable cost or that actual schedules will not vary from Engineer's <br /> projected schedules. <br /> ARTICLE 11 - REUSE OF DOCUMENTS <br /> All documents, including,but not limited to, drawings, specifications, and computer software <br /> prepared by Engineer pursuant to this Agreement are instruments of service in respect to the <br /> Project. They are not intended or represented to be suitable for reuse by Owner or others on <br /> extensions of the Project or on any other project. Any reuse without prior written verification or <br /> adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and without <br /> liability or legal exposure to Engineer. Owner shall defend, indemnify, and hold harmless <br /> Engineer against all claims, losses, damages, injuries, and expenses, including attorneys'fees, <br /> arising out of or resulting from such reuse. Any verification or adaptation of documents will <br /> entitle Engineer to additional compensation at rates to be agreed upon by Owner and Engineer. <br /> 6 <br /> SLW:DccaludCily nl Uccalur AgrcnncM <br /> 4(11114.44M5 <br /> ai3n�i <br />