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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 />other party for any cost, loss, or damages caused in part by the negligence of the party <br />and in part by the negligence of the other party or any other negligent entity or individual, <br />shall not exceed the percentage share that the party’s negligence bears to the total <br />negligence of Owner, Engineer, and all other negligent entities and individuals. <br />F. Mutual Waiver: To the fullest extent permitted by Laws and Regulations, Owner and <br />Engineer waive against each other, and the other’s employees, officers, directors, <br />members, agents, insurers, partners, and consultants, any and all claims for or entitlement <br />to special, incidental, indirect, or consequential damages arising out of, resulting from, or <br />in any way related to this Agreement or the Project, from any cause or causes. <br />6.12 Records Retention <br />A. Engineer shall maintain on file in legible form, for a period of five years following <br />completion or termination of its services, all Documents, records (including cost records), <br />and design calculations related to Engineer’s services or pertinent to Engineer’s <br />performance under this Agreement. Upon Owner’s request, Engineer shall provide a copy <br />of any such item to Owner at cost. <br />6.13 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.