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<br />7.2. Insurance <br /> <br />7.2.1. ENGINEER shall procure and maintain insurance for protection <br />from claims under workers' compensation acts, claims for damages because <br />of bodily injury including personal injury, sickness or disease or death of <br />any and all employees or of any person other 'than such employees, and <br />from claims or damages because of injury to or destruction of property <br />including loss of use resulting therefrom. <br /> <br />7.2.2 OWNER shall procure and maintain similar coverage for any of its <br />employees engaged on the Project, and shall require all construction <br />contractors associated with the Project to procure and maintain at least <br />statutory workmen's compensation and contractor's liability coverage. <br /> <br />7.3. Controllinq Law - This Agreement is to be governed by the laws <br />of the State of Texas. <br /> <br />7.4. Successors and Assigns - ENGINEER and OWNER each is hereby <br />bound and the partners, s~ccessors, executors, administrators, and legal <br />representatives of OWNER. and ENGINEER are hereby bound to the other <br />party to this Agreement and to the partners, successors, executors, <br />administrators, assigns and legal representatives (and said assigns) of such <br />other party, in respect ,to all covenants, agreements and obligations of <br />this Agreement. <br /> <br />7 . 4 .1. Nothing under this Agreement shall be construed to' give any <br />rights or benefits in'<this Agreement to anyone other than OWNER and <br />ENGINEER, and all duties and responsibilities undertaken pursuant to this <br />Agreement will be for the sole and exclusive benefit of. OWNER and <br />ENGINEER and not for the benefit of any other party. <br />" <br /> <br />7.5. Indemnity The OWNER will require that any construction <br />contractor or subcontractors performing work in connection with <br />Drawings and Specifications produced under this Agreement to hold <br />harmless, indemnify and defend, the OWNER and this ENGINEER their <br />consultants, and each of their officers, agents, and employees from all <br />liability claims, losses or damage arising out of or alleged to arise from <br />the CONTRACTOR'S or subcontractor. s negligence in the performance of <br />the work described in the Construction Contract Documents. <br /> <br />7.6. Limitation of Liability The OWNER agrees to limit the <br />ENGINEER'S liability to the OWNER and to all construction contractors <br />and subcontractors on the Project, due to the ENGINEER'S professional <br />negligent acts, errors or omissions, such that the total aggregate liability <br />of the ENGINEER to those named shall not exceed Fifty Thousand Dollars <br />($50,000) or the ENGINEER'S total fee for services rendered on this <br />project, whichever is greater. <br /> <br />SECTION 8 - SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES <br /> <br />8.1. The following Exhibits are attached to and made a part of this <br />Agreement: <br /> <br />Page 13 of 17 Pages <br />