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<br />7. Nnti~p.,,: Any notices to be given hereunder by either party to the other may be affected either <br />by personal delivery, in writing, or by registered or certified mail. <br /> <br />8. SnIp. P~rtip." ~nrl Fntirp. AGRFFMFNT: This AGREEMENT shall not create any rights or <br />benefits to anyone except the OWNER and ENGINEER, and contains the entire agreement <br />between the parties. Oral modifications to this agreement shall have no force or effect. <br /> <br />9. Tp.x~" T ~w tn Apply; SIIc'c'e~~()f~: rnn~tmc,tinn: 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 />contained herein. <br /> <br />10. Othp.r Pmvi"inn,,: The parties hereto further agree as follows: <br /> <br />(a) The ENGINEER has not been retained or compensated to 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 perform his work, but not relating to the final or completed structure. The <br />ENGINEER does not in any manner guarantee the performance of the construction <br />contractors. <br /> <br />(b) ENGINEER will strive to perform 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 the same locality under similar conditions. No other representation, <br />express or implied, and no warranty or guarantee is included or intended in this <br />AGREEMENT, or in any report, opinion, document, or othelWise. <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 costs, 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 />fullest 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 /> <br />3 of 10 <br />