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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 10. Other Provisions: The parties hereto further agree as follows: <br /> <br /> (a) Indemnification. ENGINEER shall release, indemnify and hold CITY and its <br /> officers, agents and employees harmless from and against all damager, injuries <br /> (including death), claims, property damages (including loss ofuse), losses, demands, <br /> suits, judgments and costs, including reasonable attorney's fees and expenses, in any <br /> way arising out of, related to, or resulting from the services provided by ENGINEER <br /> but only to the extent caused by the negligent act or omission or intentional wrongful <br /> act or omission of ENGINEER, its officers, agents, employees, subcontractors, <br /> licensees, invitees or anyother third parties for whom Engineer is legally responsible <br /> (hereinafter "Claims"). ENGINEER is expressly required to defend CITY against all <br /> such Claims. <br /> <br /> (b) Any opinion of the probable construction cost prepared by the ENGINEER represents <br /> only his judgment as a design professional and is supplied for the general guidance of <br /> the CITY. Since the ENGINEER has no control over the cost of labor and material, <br /> or many other factors, the ENGINEER does not imply nor guarantee the accuracy of <br /> such opinions. If the OWNER elects to redesign or rebid the project to reduce costs, <br /> ENGINEER'S services for such rebidding or redesign shall be additional services. <br /> <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 for <br /> 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 the <br /> construction contractors. <br /> <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 /> <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, Owner agrees that such <br /> files are instruments of service of the ENGINEER, solely for this particular Project. <br /> The Owner agrees not to reuse these electronic files for any purpose other than of the <br /> Project. The Owner agrees to waive all claims against the ENGINEER resulting from <br /> any unauthorized changes to or reuse of the electronic files for any other project. <br /> <br /> <br /> <br /> <br /> <br /> <br /> 3 <br /> <br /> <br /> 67 <br />