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Mr. Hugh Russell, 11— GP/Co-Trustee Professional Engineering Services <br />December 20, 2019 Harbor Bluffs Public Roadway <br />Page 6 of 8 File # 1931 <br />Engineer shall retain all Ownership and property interests therein, whether or not the project is <br />completed. To that end, Engineer may exercise his right to execute a copyright notice upon any <br />document prepared by Engineer in connection with this project. All original documents shall remain <br />the sole property and in the sole possession of Engineer. <br />Owner/Client will be provided and may retain copies of said documents for his use and information; <br />however, said documents are not intended or represented to be suitable for reuse by Owner/Client <br />or others on extensions of the project or on any other project. Any reuse without express written <br />verification or adaptation by Engineer for the specific purpose intended, will be at Owner's/Client's <br />sole risk and without liability or legal exposure to Engineer or to Engineer's Independent Professional <br />Associates and Consultants. Owner/Client shall indemnify and hold harmless the Engineer and <br />Engineer's Independent Professional Associates and Consultants from all claims, damages, losses <br />and expenses including attorney's fees arising out of or resulting therefrom. <br />e) Release/Reuse of Electronic Data <br />All electronic data including drawings, specifications and reports prepared or furnished by Masteller <br />& Moler, Inc. (Engineer) or Engineer's Independent Professional Associates and Consultants <br />pursuant to this agreement are instruments of service in respect of the Project and the Engineer shall <br />retain all ownership and property interests herein, whether or not the project is completed. To that <br />end, the Engineer may exercise his right to withhold the release of any electronic data and evaluate <br />each request on an individual basis. Any Release/Reuse of Electronic Data agreed upon by the <br />Engineer shall automatically be encumbered by above stated Item (d) Release/Reuse of Documents. <br />f) Limitation of Liability <br />The Owner and Masteller & Moler, Inc. have considered the risks, rewards, and benefits of the project <br />and the Engineer's total fee for services. Risks have been allocated such that the Owner agrees <br />that, to the fullest extent permitted by law, the Engineer's liability to the OWNER for any and all <br />injuries, claims, losses, expenses, damages, or claim expenses arising out of this agreement from <br />any cause or causes shall not exceed the total fee received for the project. Such causes include but <br />are not limited to the Engineer's negligence, errors, omissions, strict liability, breach of contract, or <br />breach of warranty. <br />Pursuant to Florida Statute § 558.035, an individual employee or <br />agent of Masteller & Moler, Inc. may not be held individually liable for <br />damages resulting from negligence occurring within the course and <br />scope of professional services rendered under this professional <br />services contract. <br />g) Engineers Certification Definition <br />"Certification" shall mean a statement signed and/or sealed by a professional engineer representing <br />that the engineering services have been performed by the professional engineer, and based upon <br />the professional engineer's knowledge, information and belief, and in accordance with commonly <br />accepted procedures consistent with applicable standards of practice, and is not a guarantee or <br />warranty, either expressed or implied. <br />h) Additional Work Performed <br />Any and all work performed, other than that expressly delineated within this general contract, shall <br />be billed at the following job classification and rates, as applicable: <br />
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