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10. Other Provisions: The parties hereto further agree as follows: <br />(a) Indemnification. ENGINEER shall release, indemnify and hold CITY and its <br />officers, agents and employees harmless from and against all damages, injuries <br />(including death), claims, property damages (including loss of use), losses, <br />demands, suits, judgments and costs, including reasonable attorney's fees and <br />expenses, in any way arising out of, related to, or resulting from the services <br />provided by ENGINEER but only to the extent caused by the negligent act or <br />omission or intentional wrongful act or ornission of ENGINEER, its officers, <br />agents, employees, subcontractors, licensees, invitees or any other third parties for <br />whom Engineer is legally responsible (hereinafter "Claims"). ENGINEER is <br />expressly required to defend CITY against all such Claims. <br />(b) Any opinion of the probable construction cost prepared by the ENGINEER <br />represents only his judgment as a design professional and is supplied for the <br />general guidance of the CITY. Since the ENGINEER has no control over the cost <br />of labor and material, or many other factors, the ENGINEER does not imply nor <br />guarantee the accuracy of such opinions. If the CITY elects to redesign or rebid <br />the project to reduce costs, ENGINEER'S services for such rebidding or redesign <br />shall be additional services. <br />(c) The ENGINEER has not been retained or compensated to provide design and <br />construction review services relating to any construction contractor's safety <br />precautions or to means, methods, techniques, sequences, or procedures required <br />for the contractor to perform his work, but not relating to the final or completed <br />structure. The ENGINEER does not in any manner guarantee the performance of <br />the construction contractors. <br />(d) ENGINEER will strive to perform services hereunder in a manner consistent with <br />that level of care and skill ordinarily exercised by members of the profession <br />currently practicing in the same locality under similar conditions. No other <br />representation, express or implied, and no warranty or guarantee is included or <br />intended in this AGREEMENT, or in any report, opinion, document, or otherwise. <br />(e) Delivery of Electronic Files - In accepting and utilizing any drawings, reports and <br />data on any form of electron media from the ENGINEER, CITY agrees that such <br />files are instruments of service of the ENGINEER, solely for this particular <br />Project. The CITY agrees not to reuse these electronic files for any purpose other <br />than of the Project. The CITY agrees to waive all claims against the ENGINEER <br />resulting from any unauthorized changes to or reuse of the electronic files for any <br />other project. <br />Electronic files furnished by either party shall be subject to an acceptance period <br />of sixty (60) days. After the acceptance period, the electronic files shall be <br />deemed to be accepted and neither party shall have any obligation to correct <br />errors or maintain electronic files. <br />3 <br />- 32 <br />