Laserfiche WebLink
<br />e <br /> <br />e <br /> <br />AND ITS SUBCONSULT ANTS TO THE OWNER FOR ANY AND ALL CLAIMS, <br />LOSSES, COSTS, DAMAGES OF ANY NATURE WHATSOEVER OR CLAIMS <br />EXPENSES FROM ANY CAUSE OR CAUSES RELATING TO YEAR 2000 <br />COMPLIANCE, SO THAT THE TOTAL AGGREGATE LIABll..ITY OF <br />ENGINEER AND ITS SUBCONSULTANTS TO THE OWNER SHALL NOT <br />EXCEED THE LESSER OF THE ENGINEER'S FEE PAID BY OWNER OR <br />510,000. SUCH CLAIMS AND CAUSES INCLUDE, BUT ARE NOT LIMITED TO: <br />NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT <br />LIABILITY, BREACH OF CONTRACT OR WARRANTY. <br /> <br />8.2. Termination <br /> <br />The obligation to provide further services under this Agreement may be terminated by either party upon <br />thirty days' written notice in the event of substantial failure by the other party to perform in accordance with <br />the terms thereof through no fault of the terminating party. In the event of any termination, ENGINEER will <br />be paid for all services rendered and reimbursable expenses incurred to the date of tennination and, in <br />addition, all reimbursable expenses directly attributable to tennination. <br /> <br />8.3. Reuse of Documents <br /> <br />All documents provided or furnished by ENGINEER (or ENGINEER's Subcontractors) pursuant to this <br />Agreement are insbuments of service in respect of the Project, and ENGINEER and ENGINEER's <br />Subcontractors, as appropriate, shall retain an ownership and property interest therein (including the right of <br />reuse by and at the discretion of ENGINEER and ENGINEER's Subcontractors, as appropriate) whether or <br />not the Project is completed. OWNER may make and retain copies for information and reference in <br />connection with the use and occupancy of the Project by OWNER and others; however, such documents are <br />not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on <br />any other project. Any such reuse without written verification or adaptation by ENGINEER and <br />ENGINEER's Subconsultants, as appropriate, for the specific purpose intended will be at OWNER's sole risk <br />and without liability or legal exposure to ENGINEER, or to ENGINEER's Subcontractors, and OWNER <br />-shall iJidemnify and hold harmless ENGINEER and ENGINEER's Subconsultants from all claims, damages, <br />losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or <br />adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and <br />ENGINEER. <br /> <br />8.4. Mutual Waiver ofConseQJlential Damae:es <br /> <br />Notwithstanding any other provision of this Agreement to the contrary, neither party shall be liable to the <br />other for lost profits or any special, indirect, incidental, or consequential damages in any way arising out of <br />this Agreement however caused under a claim of any type or nature based on any theory of liability <br />(including, but not limited to: contract, tort, or warranty) even if the possibility of such damages has been <br />communicated. <br /> <br />8.5. Controlline: Law <br /> <br />This Agreement is to be governed by the law of the principal place of business of ENGINEER. <br /> <br />8.6. Successors and AssilPls <br /> <br />8.6.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, <br />administrators and legal representatives of OWNER and ENGINEER (and to the extent pennitted by <br />paragraph 8.6.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this <br /> <br />1/99 <br /> <br />Page 8 of 10 <br />