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B. Percentage Share of Negligence: To the fullest extent permitted by Laws and Regulations, a
<br />party's total liability to the other party and anyone claiming by, through, or under the other
<br />party for any cost, loss, or damages caused in part by the negligence of the party and in part
<br />by the negligence of the other party or any other negligent entity or individual, will not
<br />exceed the percentage share that the party's negligence bears to the total negligence of
<br />Client, Engineer, and all other negligent entities and individuals.
<br />C. Mutual Waiver: To the fullest extent permitted by Laws and Regulations, Client and Engineer
<br />waive against each other, and the other's officers, directors, members, partners, agents,
<br />employees, subconsultants, and insurers, any and all claims for or entitlement to special,
<br />incidental, indirect, or consequential damages arising out of, resulting from, or in any way
<br />related to this Agreement or the Project, from any cause or causes, over and above limits of
<br />insurance coverages for such damages.. Such excluded damages include but are not limited
<br />to loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute
<br />facilities, goods, or services; and cost of capital.
<br />6.11 Records Retention
<br />A. Engineer shall maintain on file in legible form, for a period of five years following completion
<br />or termination of its services, or such other period as required by Laws and Regulations, all
<br />Documents, records (including cost records), and design calculations related to Engineer's
<br />services or pertinent to Engineer's performance under this Agreement. Upon Client's
<br />request, Engineer shall provide a copy of any such item to Client at cost.
<br />6.12 Miscellaneous Provisions
<br />A. Notices: Any notice required under this Agreement will be in writing, and delivered: by
<br />registered or certified mail, or by e-mail to the recipient, with the words "Formal Notice" or
<br />similar in the e-mail's subject line. All such notices are effective upon the date of receipt.
<br />B. Survival: Subject to applicable Laws and Regulations, all express representations, waivers,
<br />indemnifications, and limitations of liability included in this Agreement will survive its
<br />completion or termination for any reason.
<br />C. Severability: Any provision or part of the Agreement held to be void or unenforceable under
<br />any Laws or Regulations will be deemed stricken, and all remaining provisions will continue
<br />to be valid and binding upon Client and Engineer.
<br />D. No Waiver: A party's non -enforcement of any provision will not constitute a waiver of that
<br />provision, nor will it affect the enforceability of that provision or of the remainder of this
<br />Agreement.
<br />E. Accrual of Claims: To the fullest extent permitted by Laws and Regulations, all causes of
<br />action arising under this Agreement will be deemed to have accrued, and all statutory
<br />periods of limitation will commence, no later than the date of Substantial Completion„ or
<br />the Project is not completed, then no later than the date of Client's last payment to Engineer.
<br />EJCDC® E-500, Agreement between Client and Engineer for Professional Services.
<br />Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies,
<br />and American Society of Civil Engineers. All rights reserved.
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