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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 specifically assigned to <br /> Engineer in Attachment 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 <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 I <br /> Engineer's projected schedules. <br /> ARTICLE 11 - REUSE OF DOCUMENTS <br /> "Upon payment to the ENGINEER all work, data, drawings, designs, plans, <br /> reports, computer 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 the OWNER. ENGINEER shall <br /> retain its rights in its standard drawing details, designs, <br /> specifications, databases, computer software and any other proprietary <br /> property. Rights to intellectual property developed, utilized or <br /> modified in the performance of the services shall remain the property of <br /> the ENGINEER. However, any reuse of the documents by the OWNER without <br /> the prior written authorization by the ENGINEER other than for specific <br /> intended purpose of this AGREEMENT will be at the OWNER's sole risk <br /> without liability or legal exposure to ENGINEER. <br /> SLW16:067 4 <br /> 12/15/97 <br />