1990 - Laserfiche WebLink

Home Browse Search

7.3. Controlling Law - This Agreement is to be governed by the laws of the State of Texas. 7.4. Successors and Assigns - ENGINEER and OWNER each is hereby bound and the partners, successors, executors, administrators, and legal representatives of OWNER and ENGINEER are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, assigns and legal representatives (and said assigns) of such other party, in respect to all covenants, agreements and obligations of this Agreement. 7.4.1. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 7.5. Indemnity The OWNER will require that any construction contractor or subcontractors performing work in connection with Drawings and Specifications produced under this Agreement to hold harmless, indemnify and defend, the OWNER and this ENGINEER their consultants, and each of their officers, agents, and employees from all liability claims, losses or damage arising.out of or alleged to arise from the CONTRACTOR'S or subcontractor's negligence in the performance of the work described in the Construction Contract Dociunents. 7.6. Limitation .of Liability - The OWNER agrees to limit the ENGINEER'S liability to the OWNER and to all construction contractors and subcontractors on the Project, due to the ENGINEER'S professional negligent acts, errors or omissions, such that the total aggregate liability of the ENGINEER to those named shall not exceed Fifty Thousand Dollars ($.50,000) or the ENGINEER'S total fee for services rendered on this project, whichever is greater. SECTION 8 - SPECIAL PROVISIONS EXHIBITS AND SCHEDULES 3.1. The. following Exhibits are attached to and made a part of this Agreement: 8.1.1. Exhibit A "Further Description of Basic Engineering Services and Related Matters." 8.1.2. Exhibit B "Schedule of Per Diem Rates." 8.2. This Agreement (consisting of pages 1 to 17 inclusive), together with the Exhibits and schedules identified above constitute the entire Agreement between OWNER and ENGINEER and supersede all prior written or oral understandings. This Agreement and said Exhibits and schedules may only be amended, supplemented, modified or cancelled by a duly executed written instrument. IN WITNESS WHEREOF, the parties have made and executed this Agreement as of the day and year first above written. Page 13 of 17 Pages