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<br /> <br />Page 12 <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br />certified mail postage prepaid, or by a commercial courier service. All notices shall be effective <br />upon the date of receipt. <br />B. Survival: All express representations, waivers, indemnifications, and limitations of liability <br />included in this Agreement will survive its completion or termination for any reason. <br />C. Severability: Any provision or part of the Agreement held to be void or unenforceable under any <br />Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be <br />valid and binding upon Owner and Engineer, which agree that the Agreement shall be reformed to <br />replace such stricken provision or part thereof with a valid and enforceable provision that comes as <br />close as possible to expressing the intention of the stricken provision. <br />D. Waiver: A party’s non-enforcement of any provision shall not constitute a waiver of that <br />provision, nor shall it affect the enforceability of that provision or of the remainder of this <br />Agreement. <br />E. Accrual of Claims: To the fullest extent permitted by law, all causes of action arising under this <br />Agreement shall be deemed to have accrued, and all statutory periods of limitation shall <br />commence, no later than the date of Substantial Completion. <br />ARTICLE 7 – DEFINITIONS <br />7.01 Defined Terms <br />A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and <br />plural forms) printed with initial capital letters have the meanings indicated in the text above, in <br />the exhibits, or in the following provisions: <br />1. Additional Services – The services to be performed for or furnished to Owner by Engineer <br />in accordance with Part 2 of Exhibit A of this Agreement. <br />2. Agreement – This written contract for professional services between Owner and Engineer, <br />including all exhibits identified in Paragraph 8.01 and any duly executed amendments. <br />3. Asbestos – Any material that contains more than one percent asbestos and is friable or is <br />releasing asbestos fibers into the air above current action levels established by the United <br />States Occupational Safety and Health Administration. <br />4. Basic Services – The services to be performed for or furnished to Owner by Engineer in <br />accordance with Part 1 of Exhibit A of this Agreement. <br />5. Construction Contract – The entire and integrated written agreement between Owner and <br />Contractor concerning the Work. <br />6. Construction Cost – The cost to Owner of those portions of the entire Project designed or <br />specified by Engineer. Construction Cost does not include costs of services of Engineer <br />or other design professionals and consultants; cost of land or rights-of-way, or <br />compensation for damages to properties; Owner’s costs for legal, accounting, insurance <br />counseling or auditing services; interest or financing charges incurred in connection with