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<br />7.3. Controlling Law - This Agreement 1S to be governed by the laws <br />or the State of Texas. <br /> <br />7.4. Successors and Assigns - ENGINEER and OWNER each is hereby <br />bound and the partners, successors, executors, administrators, and legal <br />representati ves 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 representat.i ves (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 />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 Docwments. <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 />3.1. The following Exhibits are attached to and made a part of this <br />Agreement: <br /> <br />8.1.1. Exhibit A "Further Descri.ption of Basic Engineering Services and <br />Related Matters." <br /> <br />8.1. 2. Exhibit B "Schedule of Per Diem Rates." <br /> <br />8.2. This Agreement (consisting of pages 1 to 17 inclusive), together <br />with the Exhibits and schedules identified above constitute the entire <br />Agreement between OWNER and ENGINEER and supersede all prior <br />written or oral understandings. This Agreement and said Exhibits and <br />schedules may only be amended, supplemented, modified or cancelled by a <br />duly executed written instrument. <br /> <br />IN WITNESS WHEREOF, the parties have made and e'xecuted this <br />Agreement as of the day and year first above written. <br /> <br />Page 13 of 17 Pages <br />