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10. Other Provisions: The parties hereto fiirther agree as follows: <br />(a) Iudemnificafion. 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, pzoperty damages (including loss of use), 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 ENGTNEER, its officers, agents, emplayees, subcontractors, <br />licensees, invitees or anyother third parties for whom Engineer is Iegally responsible <br />(hereinafter "Claims"). ENGINEER is expressly required to defend CITY against alI <br />such Claims. <br />(b) Any opinion of the probable construction cost prepared by the ENGINEER represents <br />onIy his j udgment as a design professianal aud is supplied for the general guidance of <br />the CITY. Si.nce the ENGINEER has no control over the cost of labox 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 />(c) The ENGINEER has not been retained or compansated 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 perfarm 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 />consLTUCtion contractors. <br />(d) ENGTNEER will strive to perform services hereunder in a manner consistent with <br />that level of care and skill ord'inarily exercised by znembers of the profession <br />currently praeticing in the same locality under similar conditions. I+Io other <br />representation, express or implied, and no warranty or guarantee is included or <br />intended in tl-Lis 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 ftom the ENGINEER, Owner agrees that such <br />files are instruments of service af 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 ofthe electronic f'tles for any other project. <br />3 <br />