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insurance policies, and shall be required to indemnify Owner and Engineer to the same extent.
<br /> En ineer and Owner waive all ri hts a ainst each other and their directors, officers, artners,
<br /> 9 9 9 p
<br /> commissioners, officials, agents, and employees for damages covered by property insurance
<br /> during and after the completion of the SeNices. If the Services result in a construction phase of
<br /> the project, a similar provision shall be incorporated into all construction phase contracts entered
<br /> into by Owner and shall protect Owner and Engineer to the same extent.
<br /> ARTICLE 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 cannec#ion with the Project; (2) the failure of
<br /> any contractor, subcontractor, vendor, or other Project participant, not under contract to Engineer,
<br /> to fulfill contractual responsibilities to the Owner or to comply with federal, state, or local laws,
<br /> regulations, and codes; or(3) procuring permits, certificates, and licenses required for any '
<br /> construction unless such responsibilities are speciflcally assigned to Engineer in Attachment A,
<br /> Scope of Services. �I
<br /> ARTICLE 10 - OPINIONS OF COST AND SCHEDULE �I
<br /> Since Engineer has no control over the cost of labor, materials, or equipment fumished by others, I
<br /> or over the resources provided by others to meet Project schedules, Engineer's opinion of ��,
<br /> probable costs and of Project schedules shall be made on the basis of experience and �
<br /> qualifications as a professional engineer. Engineer does not guarantee that proposal, bids, or '
<br /> actual Project costs will not vary from Engineer's cost estimates or that actual schedules will not '
<br /> vary from Engineer's projected schedules.
<br /> ARTICLE 11 - REUSE OF DOCUMENTS
<br /> Upon payment to Engineer, all work, data, drawings, designs, plans, reports, computer programs
<br /> (nonproprietary), computer input and output, analyses, tests, maps, surveys, or other materials
<br /> developed for this project, are and shall be the property of Owner. However, any reuse of the
<br /> documents by Owner without the prior written authorization by Engineer other than for specific
<br /> intended purpose of this Agreement will be at Owner's sole risk without liability or legal exposure to
<br /> Engineer. Engineer will provide Owner with a ten (10) day written notice prior to disposal of project
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<br /> SLW 76 O70.doc
<br /> MZ(b99
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