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Mr. Christopher J. Kafer, Jr. , PE <br /> 071312007 (Rev. 8130107) <br /> Page 4 of 6 <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 or <br /> others on extensions of the project or on any other project. Any reuse without express written <br /> verification or adaptation by the Engineer for the specific purpose intended , will be at Owner's/Client's <br /> sole risk and without liability or legal exposure to the Engineer or to Engineers Independent <br /> Professional Associates and Consultants. Owner/Client shall indemnify and hold harmless the <br /> Engineer and Engineer's Independent Professional Associates and Consultants from all claims, <br /> damages, losses and expenses including attomeys' 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 pursuant to <br /> this agreement are instruments of service in respect of the Project and the Engineer shall retain all <br /> ownership and property interests herein, whether or not the project is completed . To that end, the <br /> Engineer may exercise his right to withhold the release of any electronic data and evaluate each <br /> request on an individual basis. Any Release/Reuse of Electronic Data agreed upon by the Engineer <br /> 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 that, <br /> to the fullest extent permitted by law, the Engineer's liability to the OWNER for any and all injuries, <br /> claims, losses, expenses, damages, or claim expenses arising out of this agreement from any cause or <br /> causes shall not exceed the total fee received for the project. Such causes include but are not limited <br /> to the Engineer's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty. <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 the <br /> professional engineer's knowledge, information and belief, and in accordance with commonly accepted <br /> procedures consistent with applicable standards of practice, and is not a guarantee or warranty, either <br /> expressed or implied. <br /> h. ) Additional Work Performed <br /> Any and all work performed, other than that expressly delineated within this general contract, shall be <br /> billed at the following job classification and rates, as applicable: <br /> Principal of Firm $135. 00/hr. <br /> Professional Engineer $120. 00/hr. <br /> Professional Surveyor $120.00/hr. <br /> Field Crew $115.00/hr. <br /> Project Manager $ 90. 00/hr. <br /> CAD Draftsperson/Designer $ 70. 00/hr. <br /> Inspector $ 65.00/hr. <br /> Administrative (Typing , etc.) $ 45.00/hr. <br /> Hm <br />