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16. Amendment: This Agreement shall not be subject to amendment unless another <br />i istrument is duly executed by duly authorized representatives of each of the parties <br />nd entitled "Amendment of Agreement." <br />17. Severability of Invalid Provisions: If any provision of the Agreement shall be held to <br />contravene or to be invalid under the laws of any particular state, county or <br />jurisdiction where used, such contravention shall not invalidate the entire Agreement, <br />but it shall be construed as if not containing the particular provisions held to be <br />i valid in the particular state, country or jurisdiction and the rights or obligations of <br />t e parties hereto shall be construed and enforced accordingly. <br />18. Force Ma'eure: Neither Client nor Engineer shall be liable for any fault or delay caused <br />Ely any contingency beyond their control including but not limited to acts of God, <br />wars, strikes, walkouts, fires, natural calamities, or demands or requirements of <br />overnmental agencies. <br />19. ubcontracts: Engineer may subcontract portions of the work, but each subcontractor <br />ust be approved by Client in writing. <br />20. Access and Permits: Client shall arrange for Engineer to enter upon public and private <br />property and obtain all necessary approvals and permits required from all <br />overnmental authorities having jurisdiction over the Project. Client shall pay costs <br />( ncluding Engineer's employee salaries, overhead and fee) incident to any effort by <br />ngineer toward assisting Client in such access, permits or approvals, if Engineer <br />erforms such services. <br />21. Designation of Authorized Representative: Each party (to this Agreement) shall <br />esignate one or more persons to act with authority in its behalf in respect to <br />appropriate aspects of the Project. The persons designated shall review and respond <br />promptly to all communications received from the other party. <br />22. Notices: Any notice or designation required to be given to either party hereto shall be <br />in writing, and unless receipt of such notice is expressly required by the terms hereof <br />shall be deemed to be effectively served when deposited in the mail with sufficient <br />f rst class postage affixed, and addressed to the party to whom such notice is directed <br />t such party's place of business or such other address as either party shall hereafter <br />f rnish to the other party by written notice as herein provided. <br />23. Limit of Liability: The Client and the Engineer have discussed the risks, rewards, and <br />benefits of the project and the Engineer's total fee for services. In recognition of the <br />relative risks and benefits of the Project to both the Client and the Engineer, the risks <br />ave been allocated such that the Client agrees that to the fullest extent permitted by <br />law, the Engineer's total aggregate liability to the Client for any and all injuries, claims, <br />costs, losses, expenses, damages of any nature whatsoever or claim expenses arising <br />cut of this Agreement from any cause or causes, including attorney's fees and costs, <br />and expert witness fees and costs, shall not exceed the total Engineer's fee for <br />rofesslonaI engineering services rendered on this project as made part of this <br />greement. Such causes included but are not limited to the Engineer's negligence, <br />rrors, omissions, strict liability or breach of contract. It is intended that this limitation <br />1*1 <br />