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<br />13. Engineer does nai guarantee ;he comptetinn or rtu'afiry of per firs manna of CArliraat ar the eanfsrletiirn or quaii¢y of
<br />performance of contracts by'the construction contract¢rr or conxraatvis, ar okfarfr third parties, ndr i$ h'a resgansibfe Tor'iltaer
<br />as+ts or omissions.
<br />14. Engineer makes no warrant, either express ar implied, as io its findings, recommendations, specifications, w pro-
<br />fessional advice e~CCept that these were promulgated otter being prepared in accordance with generally accepted engineerirq - -
<br />practices and under the direction of registered professional engineers. _
<br />i5. CIrrnt agrees to cooperate in any and every way or manner with engineer rxt project.
<br />t6. Engineer makes no represemations concerning wit conditions unless specifically included in writing in this agree-
<br />ment, wtd he i; not retponiiGe for any liability that may arise out of the making or failure to make soil swveys, or orb-surface
<br />soil tests, or general soil testing
<br />17. Engineer makes no representations concerning estimates of areas. Estimates of areas are estimates only and are not
<br />inta..,a.-; as accurate unles< <„eh area is certified. Certified areas will only be given when requested in writing and at an addi•
<br />tional dtarga to client
<br />t8. in the event that any changes are made in the plans and specifications by the client or persons other than the engi•
<br />near, which affects the engineer's work, any and al! liabifiry arising out of such changes is waived as against the engineer and
<br />the client assumes full responsibility for such changes unless client has given'engineer prior notice and has received from en•
<br />gineer written consent for such changes.
<br />19. The engineer is not responsible, and liability is waived by client as against engineer, for use by client or any other
<br />person of arty plans or drawings not signed by enginoer.
<br />20. The owner agrees that in accordance with generally accepted construction practical, the construction contractor
<br />wilt lx required to assume sole and complete responsibility for job site conditions during the course of construction of the
<br />project, including safely of all persons and property; that this requirement shall be made to apply continuously and not be
<br />limited fn norms! working hours; and the owner further agrees to defend, indemnity and hold the engineer harmless from
<br />any and elf liability, real or alleged, in connection with the performance of work on this project, excepting liability arising
<br />from the sole negligence of the engineer. ,
<br />21. The client agrees to limit the engineer's liability to the client and to all rontractor: and subcontractors on the pro-
<br />jest, due to professional negligent acts, errors or omissions of the engineer to the sum of $5f),Q00 or the engineer's fee, which•
<br />aver is greater.
<br />22. Upon written request, each of the parties hereto shall exewte and deliver, or cause to be executed and delivered,
<br />wch additional instruments and documents which may be necessary and proper to carry out the farms of this agreement.
<br />23. The terms and provisions of this agreemem shaft not be rnnstrued to attar, waive, or affect any lien or stop notice
<br />rcghts, which the engineer ntey have for me ;atnunnance .,, r„y,,,,:~....a .,,...:,,., ,.,. ' ..... -, - -- - -
<br />2+1. One or more waivers of any term, condition or covenant by the engirtaer sha0 not be construed by the client as a
<br />waiver of a subsequent breach of the same or any-other term, conditwn or covenant.
<br />25. In tho etrRnt any provision of this agreement shelf be held to be invalid and unenforceable, the other provisions of
<br />this agreement shall b! valid and binding on the parties hereto.
<br />26. Saryites provided within this agreement era for the exclusive use of the client.
<br />27. There are na understandings or agreements except as herein expressly stated.
<br />iN WITNESS WHEREpf, the parties hereto have aecaptetl, made and executed this agreement upon the farms, conditions
<br />and provisions above stated the day and year first above wntten.
<br />EN(3fNEER:
<br />Lois , ~rtf~e(~'so & Asaoo~a`te~.s, Ino,
<br />Tttle _`~'
<br />CLIENT; ,
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