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<br /> <br />EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. <br />Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, <br /> and American Society of Civil Engineers. All rights reserved. Page <br />12 <br />6.12 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 registered <br />or certified mail postage prepaid, or by a commercial courier service. All notices shall be <br />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 <br />under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall <br />continue to be valid and binding upon Owner and Engineer, which agree that the <br />Agreement shall be reformed to replace such stricken provision or part thereof with a <br />valid and enforceable provision that comes as close as possible to expressing the intention <br />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 Laws and Regulations, all causes of <br />action arising under this Agreement shall be deemed to have accrued, and all statutory <br />periods of limitation shall 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 <br />singular and plural forms) printed with initial capital letters have the meanings indicated in <br />the text above, in the exhibits, or in the following definitions: <br />1. Addenda—Written or graphic instruments issued prior to the opening of bids which <br />clarify, correct, or change the bidding requirements or the proposed Construction <br />Contract Documents. <br />2. 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 />3. 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 />4. Application for Payment—The form acceptable to Engineer which is to be used by <br />Contractor during the course of the Work in requesting progress or final payments and <br />which is to be accompanied by such supporting documentation as is required by the <br />Construction Contract.