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indemnify Owner and Engineer to the same extent. Engineer and Owner <br /> waive all rights against each other and their directors, officers, <br /> partners, cor�nissioners, officials, agents, and employees for damages <br /> covered by property insurance during and after the completion of the <br /> Services. If the Services result in a construction phase of the <br /> project, a similar provision shall be incorporated into all construction <br /> phase contracts entered into by Owner and shall protect Owner and <br /> Engineer to the same extent. <br /> ARTICLE 9 - LIMITATIONS OF RESPONSIBILITY <br /> Engineer shall not be responsible for: (1) construction means, methods, <br /> techniques, sequences, procedures, or safety precautions and programs in <br /> connection with the Project; (2) the failure of any contractor, subcon- <br /> tractor, vendor, or other Project participant, not under contract to <br /> Engineer, to fulfill contractual responsibilities to the Owner or to <br /> comply with federal , state, or local laws, regulations, and codes; or <br /> (3) procuring permits, certificates, and licenses required for any <br /> construction unless such responsibilities are s ecificall assi ned to <br /> p Y 9 <br /> En ineer in Attachm <br /> y ent A, Scope of Services. <br /> ARTICLE 10 - OPINIONS OF COST AND SCNEDULE <br /> Since Engineer has no control over the cost of labor, materials, or <br /> equipment furnished by others, or over the resources provided by others <br /> to meet Project schedules, Engineer's opinion of probable costs and of <br /> Project schedules shall be made on the basis of experience and <br /> qualifications as a professional engineer. Engineer does not guarantee <br /> that proposal , bids, or actual Project costs will not vary from <br /> Engineer's cost estimates or that actual schedules will not vary from <br /> Engineer's projected schedules. <br /> ARTICLE 11 - REUSE OF DOCUMENTS <br /> Upon payment to Engineer, all work, data, drawings, designs, plans, <br /> reports, cornputer programs (nonproprietary) , computer input and output, <br /> analyses, tests, maps, surveys, or other materials developed for this <br /> project, are and shall be the property of Owner. However, any reuse of � <br /> the documents by Owner without the prior written authorization by � <br /> i <br /> SLW3:070 4 I <br /> 5/1/98 <br />