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<br />5. Termination: The obligation to provide further services <br />under this AGREEMENT may be terminated by either party upon <br />ten (10) calendar days written notice in the event of <br />substantial failure by the other party to perform in <br />accordance with the terms hereof through no fault of the <br />terminating party. <br /> <br />6. Reuse of Documents: All documents prepared by ENGINEER <br />are instruments of service in respect of the specific project <br />contemplated under this AGREEMENT. They are not intended to <br />be suitable for reuse on extensions of that project, or on any <br />other project. Any reuse without written verification or <br />adaptation by ENGINEER for the specific purpose intended will <br />be at OWNER'S sole risk and without liability or legal <br />exposure to ENGINEERj and OWNER hereby agrees to indemnify and <br />hold harmless ENGINEER from all claims, damages, losses and <br />expenses including Attorney's fees arising out of or resulting <br />therefrom. <br /> <br />7. Notices: Any notices to be given hereunder by either <br />party to the other may be effected either by personal delivery <br />in writing or by registered or certified mail. <br /> <br />8. Sole Parties and Entire AGREEMENT: This AGREEMENT shall <br />not create any rights or benefits to parties other than the <br />OWNER and the ENGINEER, and this instrument contains the sole <br />and entire agreement between the parties relating to the <br />rights herein granted and the obligations herein assumed. Any <br />oral representations or modifications concerning this <br />instrument shall be of no force or effect, excepting as a <br />subsequent modification in writing, signed by the parties with <br />respect to this project. <br /> <br />9. Texas Law to APply: This AGREEMENT shall be construed <br />under and in accordance with the laws of the State of Texas. <br /> <br />10. Parties Bound: This AGREEMENT shall be binding upon and <br />inure to the benefit of the parties hereto and their <br />representatives, successors and assigns. <br /> <br />11. Legal Construction: Any provisions in this AGREEMENT <br />later held to be invalid, illegal or unenforceable shall be <br />deemed void, and this AGREEMENT shall be construed as if such <br />invalid, illegal or unenforceable provision had never been <br />contained herein. <br /> <br />12. Other provisions: The parties hereto further agree as <br />follows: <br /> <br />(a) The ENGINEER has not been retained or compensated to <br />provide design and construction review services relating to <br />any construction contractor's safety precautions or to means, <br />methods, techniques, sequences, or procedures required for the <br />contractor to perform his work, but not relating to the final <br />or completed structure. The ENGINEER does not in any manner <br /> <br />Page 3 of 14 <br />