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e e mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the as- signor from any duty or responsibility under this Agreement. 8.5.3. Unless expressly provided otherwise in this Agreement: 8.5.3.]. Nothing in this Agreement shall be construed to create, impose or give rise to any duty owed by ENGINEER to any Contractor, Subcontractor, Supplier, other person or entity, or to any surety for or employee of any of them, or give any rights in or benefits under this Agreement to anyone other than OWNER and ENGINEER. 8.5.3.2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 8.6. Notices Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears on the signature page to this Agreement (as modified in writing from time to time by such party) and given personally, by registered or certified mail, return receipt requested, by facsimile, or by a nationally recognized overnight courier service. All notices shall be effective upon the date of receipt. 8.7. Severability Any provision or part of the Agreement held to be void or unenforceable under any law or regulation sha1l be deemed stricken, and a1l remaining provisions shall continue to be valid and binding upon' OWNER and ENGINEER, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.8. Unforeseen Conditions At any time during the life of this Agreement should any substance be uncovered or encountered at the site that would void or otherwise adversely impact the ENGINEER's professional liability insurance, the ENGINEER reserves the right to renegotiate the terms and conditions of this Agreement, the fees for the ENGINEER's services, and the ENGINEER's continued involvement in the Project. 8.9. Insurance ENGINEER shall procure and maintain insurance for protection from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and a1l employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. 8.10. Discoverv ENGINEER sha1l be entitled to compensation on a time and materials basis when responding to all requests for discovery relating to this Project and to the extent that ENGINEER is not a party to the lawsuit. 8.1 ]. Nondiscrimination and Affirmative Action In connection with its performance under this Agreement, ENGINEER sha1l not discriminate against any employee or applicant for employment because of race, color, creed, religion, age, sex, marital status, sexual orientation or affectional preference, national origin, ancestry, citizenship, physical or mental handicap or because Page 9 Prof Design Services 3/2000