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<br /> Page 11 <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 />entity from and against the consequences of that individual's or entity's own negligence or willful <br />misconduct. <br />D. Percentage Share of Negligence: To the fullest extent permitted by law, a party’s total liability to <br />the other party and anyone claiming by, through, or under the other party for any cost, loss, or <br />damages caused in part by the negligence of the party and in part by the negligence of the other <br />party or any other negligent entity or individual, shall not exceed the percentage share that the <br />party’s negligence bears to the total negligence of Owner, Engineer, and all other negligent <br />entities and individuals. <br />E. Mutual Waiver: To the fullest extent permitted by law, Owner and Engineer waive against each <br />other, and the other’s employees, officers, directors, members, agents, insurers, partners, and <br />consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential <br />damages arising out of, resulting from, or in any way related to the Project. <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 to <br />replace such stricken provision or part thereof with a valid and enforceable provision that comes <br />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 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 <br />Engineer in accordance with Part 2 of Exhibit A of this Agreement.