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by Client or others on extensions of the Project, on any other project, or for any
<br />other use or purpose, without written verification or adaptation by Engineer;
<br />b. any such use or reuse, or any modification of the Documents, without written
<br />verification, completion, or adaptation by Engineer, as appropriate for the specific
<br />purpose intended, will be at Client's sole risk and without liability or legal exposure
<br />to Engineer or to its officers, directors, members, partners, agents, employees, and
<br />Subconsultants;
<br />c. Client shall indemnify and hold harmless Engineer and its officers, directors,
<br />members, partners, agents, employees, and Subconsultants from all claims,
<br />damages, losses, and expenses, including attorneys' fees, arising out of or resulting
<br />from any use, reuse, or modification of the Documents without written verification,
<br />completion, or adaptation by Engineer; and
<br />d. such limited license to Client shall not create any rights in third parties
<br />B. Engineer at Client's request verifies the suitability of the Documents, completes them, or
<br />adapts them for extensions of the Project or for any other purpose, then Client shall
<br />compensate Engineer at rates or in an amount to be agreed upon by Client and Engineer.
<br />C. Engineer will obtain Client's consent, which will not be unreasonably withheld, prior to
<br />releasing any publicity, including news and press releases, promotional publications, award
<br />and prize competition submittals, and other advertising regarding the subject matter of this
<br />Agreement. Nothing herein will limit the Engineer's right to include information in
<br />statements of qualifications and proposals to others accurately describing its participation
<br />and participation of employees in the Project.
<br />6.03 Electronic Transmittals
<br />A. To the fullest extent practical, Client and Engineer agree to transmit, and accept, Project -
<br />related correspondence, Documents, text, data, drawings, information, and graphics, in
<br />electronic media or digital format, either directly, or through access to a secure Project
<br />website, in accordance with Exhibit F, Electronic Documents Protocol (EDP).
<br />1. Compliance with the EDP by Engineer shall be considered a Basic Service and no direct
<br />or separate compensation will be paid to Engineer for such compliance.
<br />2. Engineer's costs directly attributable to changes in Engineer's Electronic Documents
<br />obligations, after the effective date of this Agreement, necessitated by revisions to
<br />Exhibit F, delayed adoption of Exhibit F, or implementation of other Electronic
<br />Documents protocols, will be compensated as Additional Services.
<br />B. Except as stated otherwise in Exhibit F , when transmitting Electronic Documents by
<br />Electronic Means, the transmitting party makes no representations as to long term
<br />compatibility, usability, or readability of the Electronic Documents resulting from the
<br />recipient's use of software application packages, operating systems, or computer hardware
<br />differing from those used in the drafting or transmittal of the Electronic Documents, or from
<br />those established in applicable protocols.
<br />C. This Agreement (including the EDP) is not intended to create obligations for Client or
<br />Engineer with respect to transmittals to or from third parties, except as expressly stated in
<br />the EDP.
<br />EJCDC® E-500, Agreement between Client and Engineer for Professional Services.
<br />Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
<br />and American Society of Civil Engineers. All rights reserved.
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