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<br />e <br /> <br />e <br /> <br />ARTICLE 8 - GENERAL CONSIDERATIONS <br /> <br />8.1 Year 2000 Compliance <br /> <br />8.1.1. The ENGINEER will require all of its SUBCONTRACTORS (if any) to supply materials, products, <br />equipment and/or services to the ENGINEER for this PROJECT which are Year 2000 compliant In <br />addition ENGINEER shall specify in the plans and specifications it provides (if any) pursuant to this <br />Agreement that all materials, products and equipment and/or services to be provided by the <br />Construction Contractor and vendors shall be Year 2000 Compliant <br /> <br />"Year 2000 Compliant" is the ability of a system, process or item to: <br /> <br />(I) Handle date infonnation before, during and after midnight, December 31, 1999, including, but not limited <br />to: accepting date input, providing date output, and perfonning calculations and comparisons on dates or <br />portions of dates. Date interpretation and manipulation must be correct for all valid date values within the <br />application domain. Regarding all calendar-related date and calendar-related processing of date data, the <br />system/process will not malfunction, will not cease to function, will not generate incorrect data, and will <br />not produce incorrect results. <br /> <br />(2) Function accurately and without interruption before, during and after January I, 2000, without any change <br />in operations associated with the advent of the new century. <br /> <br />(3) Respond to two-digit year-date input in a way that resolves the ambiguity as to the century in a disclosed, <br />defined and predetennined manner. Interfacing software must make the same century assumptions when <br />processing two-digit years. Accurately process and exchange date/time data when used in combination <br />with another system. process or item. . <br /> <br />(4) Process the year 2000 as a leap year. In addition to' the year 2000 leap year dates (February 28-29; March <br />I, 2000), the following specific dates, and the transition to and from these specific dates, must be <br />processed without error: December 31, 1998; January I, 1999; September 9, 1999; September 10, 1999; <br />December 31, 1999; January 1,2000; December 31,2000; January I, 2001; December 31, 2004; and <br />January I, 2005. <br /> <br />(5) Correctly handle date field containing non-date infonnation and correctly handle a date held in a non-date <br />field. . <br /> <br />(6) Correctly process any date with a year specified as "99" and "00" regardless of other subjective meanings <br />attached to these values. <br /> <br />8.1.2. ENGINEER will pass any and all warranties it can reasonably obtain from its <br />SUBCONTRACTORS pertaining to Year 2000 Compliance directly to OWNER and will require the <br />Construction Contractors and their vendors to provide warranties on Year 2000 Compliance directly <br />to the OWNER. <br /> <br />8.1.3. OWNER agrees that its exclusive and sole remedy for Year 2000 Compliance issues will be the <br />rights that it has pursuant to the warranties provided by the SUBCONTRACTORS anddCONSTRUCTION CONTRACTORS. <br /> <br />8.1.4. LIMIT OF LIABILITY <br /> <br />IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE <br />PROJECT TO BOTH THE OWNER AND ENGINEER, THE RISKS HAVE BEEN <br />ALLOCATED SUCH THAT THE OWNER AGREES, TO THE FULLEST <br />EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF ENGINEER <br /> <br />1/99 <br /> <br />Page 7 of 10 <br />