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<br />i 8. SCll~ Porti~< onrl Fntir~ AGRFFMFNT: This AGREEMENT shall not create any rights or <br />benefits to anyone except the OWNER and ENGINEER, and conlains the entire agreement <br />between the parties. Oral modifications to this agreement shall have no force or effect. <br /> <br />9. T~xo< r ow tCl Apply' SIl~~~<<Clr<' rCln<tnJ~tiCln: This AGREEMENT shall be construed under <br />and in accordance with the laws of the State of Texas. It shall be binding upon. and inure to <br />the benefit of, the parties hereto and their representatives. successors and assigns. Should any <br />provisions in this AGREEMENT later be held invalid, illegal or unenforceable, they shall be <br />deemed void, and this AGREEMENT shall be construed as if such provision had never been <br />conlained herein. <br /> <br />10. Oth~r Pmvi<;Cln<: The parties hereto further agree as follows: <br /> <br />(a) The ENGINEER has not been retained or compensated 10 provide design and <br />construction review services relating to any construction contractor's safety precautions <br />or to means, methods, techniques, sequences, or procedures required for the contractor <br />to perfonn his work, but not relating to the final or completed structure. The <br />ENGINEER does not in any manner guarantee the perfonnance of the conslruction <br />contractors. <br /> <br />(b) ENGINEER will strive to perfoml services hereunder in a manner consistent with that <br />level of care and skill ordinarily exercised by members of the profession currently <br />practicing in lhe same locality under similar conditions No other representation. <br />express or implied, and no warranty or guaranlee is included or intended in this <br />AGREEMENT, or in any report, opinion, document, or otherwise. <br /> <br />(c) Any opinion of the probable construction cost prepared by the ENGINEER represents <br />only his judgment as a design professional and is supplied for the general guidance of <br />the OWNER. Since the ENGINEER has no control over the cost of labor and <br />material, or many other factors, the ENGINEER does not imply nor guarantee the <br />accuracy of such opinions. If the OWNER elects to redesign or rebid the project to <br />reduce cosls, ENGINEER'S services for such rebidding or redesign shall be additional <br />servIces. <br /> <br />(d) In recognition of the relative risks and benefits of the project to both the OWNER and <br />the ENGINEER, the risks have been allocated such that the OWNER agrees. to the <br />tidiest extent permitted by law, to limit the liability of the ENGINEER and his <br />subcontractors on the project for any and all claims, losses, costs, damages of any <br />nature whatsoever or claims expenses from any cause or causes, so that the total <br />aggregate liability of the ENGINEER and his or her subconsultants to all those named <br />shall not exceed $100,000 or the ENGINEER'S total fee for services rendered on lhis <br />project, whichever is greater. Such claims and causes include, but are not limited to. <br />negligence, professional errors or omissions, strict liability, and breach of contract. <br /> <br />3 of 10 <br />