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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 appropriate <br />party at its address on the signature page and given personally, by facsimile, by registered or <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 />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 />