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and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use; loss of profit; loss of business; loss of goodwill; loss of income; cost of substitute facilities, goods, or services; cost of capital; loss or reputation or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the OWNER and ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. (j) Delivery of Electronic Files — In accepting and utilizing any drawings, reports, and data on any form of electronic media from the ENGINEER, Owner agrees that such files are instruments of service of the ENGINEER, solely for this Project. The Owner agrees not to reuse these electronic files for any purpose other than of the Project. Electronic files furnished by either party shall be subject to an acceptance period of sixty (60) days. After the acceptance period, the electronic files shall be deemed to be accepted and neither party shall have any obligation to correct errors or maintain electronic files. In the event of a conflict between the hard -copy construction documents and record drawings prepared by the ENGINEER and the electronic files, the signed and sealed hard -copy construction documents shall govern. In addition, the OWNER agrees, to the fullest extent permitted by law, to indemnify and hold harmless the ENGINEER, its officers, directors, employees and sub - consultants against all damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, arising from any changes made by anyone other than the ENGINEER or from any reuse of the electronic files. (k) Mediation — In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the OWNER and the ENGINEER agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation. (1) Design without Construction Administration - It is understood and agreed the ENGINEER's basic services under this agreement do not include project observation or review of the Contractor's perfonnance or any other construction phase services, and that such services will be provided by OWNER. OWNER assumes all responsibility for interpretation of the Contract Documents and for .,