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Mr. Hugh Russell, //— GP / Co -Trustee Professional Engineering Services May 12, 2022 Harbor Bluffs Public Roadway Page 4 of 6 File # 1931 LJ Owner/Client/Indian River County will be provided and may retain copies of said documents for his/her/their use and information. Any reuse without express written verification or adaptation by Engineer for the specific purpose intended, will be at Owner's/Client's/Indian River County's sole risk and without liability or legal exposure to Engineer or to Engineer's Independent Professional Associates and Consultants. Owner/Client shall indemnify and hold harmless the Engineer and Engineer's Independent Professional Associates and Consultants from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. The Engineer shall not be held liable for any modifications made to the documents by others. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the Client and Indian River County Project Manager upon request. e) Release/Reuse of Electronic Data All electronic data including drawings, specifications and reports prepared or furnished by Masteller & Moler, Inc. (Engineer) or Engineer's Independent Professional Associates and Consultants pursuant to this agreement are instruments of service in respect of the Project. Any Release/Reuse of Electronic Data agreed upon by the Engineer shall automatically be encumbered by above stated Item (d) Release/Reuse of Documents. f) Limitation of Liability The Owner and Masteller & Moler, Inc. have considered the risks, rewards, and benefits of the project and the Engineer's total fee for services. Risks have been allocated such that the Owner agrees that, to the fullest extent permitted by law, the Engineer's liability to the OWNER for any and all injuries, claims, losses, expenses, damages, or claim expenses arising out of this agreement from any cause or causes shall not exceed the total fee received for the project. Such causes include but are not limited to the Engineer's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty. Pursuant to Florida Statute § 558.035, an individual employee or agent of Masteller & Moler, Inc. may not be held individually liable for damages resulting from negligence occurring within the course and scope of professional services rendered under this professional services contract. g) Engineers Certification Definition "Certification" shall mean a statement signed and/or sealed by a professional engineer representing that the engineering services have been performed by the professional engineer, and based upon the professional engineer's knowledge, information and belief, and in accordance with commonly accepted procedures consistent with applicable standards of practice, and is not a guarantee or warranty, either expressed or implied. h) Additional Work Performed Any and all work performed, other than that expressly delineated within this general contract, shall be billed at the following job classification and rates, as applicable: HM 75