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7.7.3 <br /> <br />7.7.4 <br /> <br />7.8 <br /> <br />7.9 <br /> <br />7.10 <br /> <br />7.11 <br /> <br />Unless specifically stated to the contrary in any written consent to an assignment, no <br />assignment will release or discharge the assignor from any duty or responsibility under <br />this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from <br />employing such independent professional associates, subcontractors and consultants as <br />ENGINEER may deem appropriate to assist in the performance of Services. <br /> <br />Except as may be expressly stmed otherwise in this Agreement, nothing under this <br />Agreement shall be construed to give any rights or benefits in this Agreement to <br />anyone other than OWNER and ENGINEER, and all duties and responsibilities <br />undertaken pursuant to this Agreement will be for the sole and exclusive benefit of <br />OWNER and ENGINEER and not for the benefit of any other party. <br /> <br />Equal Employment and Nondiscrimination <br /> <br />In connection with the Services under this Agreement, ENGINEER agrees to comply <br />with the applicable provisions of State and Federal Equal Opportunity statutes and <br />regulations. <br /> <br />Construction Procedures <br /> <br />ENGINEER shall not specify construction or service-related procedures and shall not <br />manage, supervise, control or have charge of construction, nor shall ENGINEER <br />implement or be responsible for health or safety procedures. ENGINEER shall not <br />be responsible for the acts or omissions of contractors or other parties on the <br />PROJECT and shall not be responsible for construction means, methods, techniques, <br />sequences, or procedures, nor safety precautions or programs. ENGINEER's <br />monitoring or review of portions of the Work performed under construction contracts <br />shall not relieve the Contractor from its responsibility for performing the Work in <br />accordance with applicable contract documents. <br /> <br />Authority to Execute This Agreement <br /> <br />OWNER and ENGINEER shall each attach a resolution from its governing body <br />authorizing the execution of this Agreement. Attachments shall be Exhibit A for <br />OWNER and Exhibit B for ENGINEER. <br /> <br />Changes and Modifications <br /> <br />The parties agree that no change or modification to this Agreement, or any <br />attachments hereto, shall have any force or effect unless the change is reduced to <br />writing, dated, and made a part of this Agreement. The execution of the change shall <br />be authorized and signed in the same manner as this Agreement. <br /> <br />- 19- <br /> <br /> <br />