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.
Phone: 412-429-2324 (ext.
132)
Fax:
412-429-2114
Toll Free:
800-365-2324