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10. Other Provisions: The parties hereto further agree as follows: <br />(a) Indeznnification. ENGINEER shall zelease, indenunify and hold CITY and its <br />off'icers, agents and employees harmless fram and against all damager, injuries <br />(including death), claims, property damages (including loss of use), losses, demands, <br />suits, judgments and costs, including reasonable attorney's fees and expenses, in any <br />wap arising out of, related to, or resulting from the services provided by ENGTNEER <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 />(b) Any opinian of the probable construction cost prepared by the ENGINEER represents <br />only his judgnent as a design professional and is supplied for the general guidance of <br />tlie CITY. Since the ENGINEER has no control averthe cost of labor and material, <br />or many other factars, 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 servaces. <br />(c) The ENGINEER has not been retained oz compensated to pzovide design and <br />construction review services relating to any constructian 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 zn any manner guarantee the perFormance ofthe <br />construction contractors. <br />(d) ENGINEER will strive to perfozm 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 warran#y 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, zeports 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 Proj ect. <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 />3 <br />