Laserfiche WebLink
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 />6.11 Miscellaneous Provisions <br />A.Notices: Any notice required under this Agreement will be in writing, addressed to the <br />appropriate party at its address on the signature page and given personally, by facsimile, by <br />registered or certified mail postage prepaid, or by a commercial courier service. All notices shall <br />be effective 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 <br />to replace such stricken provision or part thereof with a valid and enforceable provision that <br />comes as 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 <br />and plural forms) printed with initial capital letters have the meanings indicated in the text above, <br />in the exhibits, or in the following provisions: <br />1.Additional Services – The services to be performed for or furnished to Owner by <br />Engineer in accordance with Part 2 of Exhibit A of this Agreement. <br />2.Agreement – This written contract for professional services between Owner and <br />Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed <br />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 <br />and Contractor concerning the Work.