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(including death), claims, property damages (including loss of use), losses, demands, <br />suites, 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 of omission or intentional wrongful <br />act of omission of ENGINEER, its off cers, agents, employees, subcontractors, <br />licensees, invitees or any other third parties for whom ENGINEER is legally <br />responsible (hereinafter "Claims"). ENGINEER is expressly required to defend <br />CITY against all such Claims <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 CITY 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 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 />(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 electronic media from the ENGINEER, CITY agrees that such <br />files are instruments of service of the ENGINEER, solely for this particular Project. <br />The CITY agrees not to reuse these electronic files for any purpose other than of the <br />Project. T'he CITY 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 />Electronic files furnished by either party sha11 be subject to an acceptance period of <br />sixty (60) days. After the acceptance period, the electronic files shall be deemed to be <br />accepted and neither party shall have any obligation to correct errors or maintain <br />electronic files. <br />In the event of a conflict between the hard-copy construction documents and record <br />drawings prepazed by the ENGINEER and the electronic files, the signed and sealed <br />hard-copy construction documents shall govern. <br />3 <br />63 <br />