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claims under Worker' s Compensation Acts and from claims for <br /> bodily injury, death or property damage which may arise from the <br /> performance of his services under this Agreement. <br /> D. Termination <br /> This Agreement may be terminated by either party upon ten days <br /> written notice. In the event of termination the ENGINEER shall <br /> be compensated for services performed to termination date, <br /> including Reimbursable Expenses then due and all terminal <br /> expenses. <br /> E. Limitation of Responsibilities <br /> The ENGINEER shall not be responsible for the acts or omissions <br /> of any Contractor, or of any subcontractor or supplier, or any <br /> of the Contractor(s) ' or subcontractor' s or supplier's agents or <br /> employees or any other persons (except the ENGINEER' S own <br /> employees and agents) at the site or otherwise furnishing or <br /> performing any of the Contractor's work; however, the ENGINEER <br /> shall not be released from his liability for failure to properly <br /> perform duties and responsibilities assumed by the ENGINEER in <br /> the Contract Documents. <br /> Further, the ENGINEER shall not be responsible if conditions at <br /> the site of the work are different than the conditions predicted <br /> following general observations at the site, review of existing <br /> plans and records made available to the ENGINEER by the OWNER <br /> for the specific site and review of soils data resulting from <br /> formal soils investigation programs. The ENGINEER shall <br /> endeavor to provide the OWNER with construction plans, <br /> specifications and contract documents that conform to site <br /> conditions identified during site investigations, but it is <br /> recognized that unknown conditions may exist that cannot be <br /> discovered until complete site excavations are made and that the <br /> ENGINEER does not bear the responsibility for their discovery or <br /> for additional construction costs that may result from the <br /> unknown conditions. <br /> APPROVED: <br /> CITY OF MOUNDS VIEW N. SHO' -ELLIOTT-H: D' CKSON,NC. <br /> 61 / 16 if <br /> _ drf"- t� _Anal <br /> 02/87 <br /> - 4 - <br />