From: Chris McCann [cmccann@cecinc.com]
Sent: Tuesday, May 11, 2004 11:36 AM
To: jmascio@county.allegheny.pa.us
Cc: dwright@county.allegheny.pa.us
Subject: mt nebo

 

 

You have requested that the drawings prepared for the "mt nebo" located in "pa" be furnished to you in electronic format. We are happy to provide the requested drawings under the following terms and conditions:

It is understood and agreed that the drawings prepared pursuant to this Agreement, whether in hard copy or machine readable form, are instruments of professional service intended for one-time use in the construction of this project.

Because of the possibility that information and data delivered in machine readable form may be altered, whether inadvertently or otherwise, Civil & Environmental Consultants, Inc., hereinafter referred to as the Engineer, will retain the original identification reflecting the involvement of the Engineer in their preparation. The Engineer also will retain hard copy originals of all project documentation delivered to the Owner in machine readable form, which originals shall be referred to and shall govern in the event of any inconsistency between the two.

The Owner understands that the automated conversion of information and data from the system and formatted by the Engineer to an alternate system or format cannot be accomplished without introduction of inexactitudes, anomalies, and errors. In the event project documentation provided to the owner in machine readable form is so converted, the Owner agrees to assume all risks associated therewith and, to the fullest extent permitted by the law, to hold harmless and indemnify the Engineer from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising therefrom or in connection therewith.

The Owner recognizes that the changes or modifications to the Engineer's instruments of professional services introduced by anyone other than the Engineer may result in adverse consequences which the Engineer can neither predict nor control. Therefore, and in consideration of the Engineer's agreement to deliver its instruments of professional service in machine readable form, the Owner agrees, to the fullest extent permitted by law to hold harmless and indemnify the Engineer from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising out of or in any way connected with the modification, misinterpretation, misuse or reuse by others of the machine readable information and data provided by the Engineer without limitation, to any use of the project documentation on other projects, for additions to this project, or for completion of this project by others, excepting only such use as may be authorized, in writing by the Engineer.

We trust the drawings provided to you meet your needs and appreciate the opportunity to be of service to you. Please call if you have any questions about the drawings provided or if we can be of further service.

 

Christopher McCann

Civil & Environmental Consultants, Inc.

333 Baldwin Road

Pittsburgh, PA 15205-9702

Phone: 412-429-2324 (ext. 132)

Fax: 412-429-2114

Toll Free: 800-365-2324