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<br /> resulting from delay, loss of use, loss of profits or revenue, or cost of capital. Neither party will be liable to the other unless
<br /> suit is commenced within two years of the date of loss or injury, or within two years after the completion of services,
<br /> whichever is earlier. Client agrees to notify BRW of any claimed negligent act, error or omission within thirty days of the
<br /> date of its discovery and to provide BRW with the opportunity to investigate and to recommend ways of mitigating damages
<br /> as a condition precedent to litigation or other remedies provided by law.
<br /> 7.8.2 In addition to the indemnity provided under paragraph 7.8.1 of this Agreement,and to the fullest extent permitted by
<br /> law,OWNER shall indemnify and hold harmless ENGINEER and its officers,directors,partners,employees,and agents and
<br /> ENGINEER's Consultants from and against all claims,costs,losses,and damages(including but not limited to all fees and
<br /> charges of engineers,architects,attorneys and other professionals and all court or arbitration or other dispute resolution costs)
<br /> caused by,arising out of or relating to the presence,discharge,release,or escape of Asbestos,PCBs,Petroleum,Hazardous
<br /> Waste,or Radioactive Material at,on,under or from the Project site.
<br /> 7.8.3 To the fullest extent permitted by law,and notwithstanding any other provision of this Agreement,the total liability,in
<br /> the aggregate,of ENGINEER and ENGINEER's officers,directors,partners,employees,agents and ENGINEER's Consultants,
<br /> and any of them,to OWNER and anyone claiming by,through or under OWNER,for any and all claims,losses,costs or
<br /> damages—whatsoever ai isirrg-out of,resulting froui ui in-any way relatedrto-the-Project-or the Agreeinentfrom-any-cause-or
<br /> causes,including but not limited to the negligence,professional errors or omissions,strict liability or breach of contract or
<br /> warranty express or implied of ENGINEER.or ENGINEER's officers,directors,partners,employees,agents or ENGINEER's
<br /> Consultants or any of them,shall not exceed the total compensation received by ENGINEER under this Agreement.
<br /> 7.9 Notices
<br /> Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears
<br /> on the first page to this Agreement (as modified in writing from time to time by such party) and given personally, by
<br /> registered or certified mail, return receipt requested, by facsimile, or by a nationally recognized overnight courier service. All
<br /> notices shall be effective upon the date of receipt.
<br /> 7.10 Survival
<br /> All express representations, indemnifications or limitations of liability made in or given in this Agreement will survive the
<br /> completion of all services of ENGINEER under this Agreement or the termination of this Agreement for any reason.
<br /> 7.11 Severability
<br /> Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed
<br /> stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and ENGINEER, who agree that
<br /> the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that
<br /> comes as close as possible to expressing the intention of the stricken provision.
<br /> SECTION 8 - SPECIAL PROVISIONS
<br /> 8.1 Conflict of Interest. ENGINEER represents and agrees that ENGINEER has not employed any person to solicit or
<br /> procure this Agreement,and has not made,and will not make,any payment or any agreement for payment of any commission,
<br /> percentage,brokerage,contingent fees,or other compensation in connection with the procurement of this Agreement.
<br /> ENGINEER further represents and agrees that he has not now and will not acquire any interest,direct or indirect,present or
<br /> prospective,in any of the property subject to this Agreement,during the term of this Agreement. ENGINEER further represents
<br /> that it has not employed,and will not employ in connection with work to be performed hereunder,any person having an interest,
<br /> direct or indirect,in any of the property subject to this Agreement during the term of this Agreement.
<br /> 8.2 Copyright or Patent Infringement. The ENGINEER shall defend actions or claims charging infringement of any
<br /> copyright or patent by reason of the use or adoption of any designs,drawings or specifications supplied by it,and it shall hold
<br /> harmless the OWNER from loss or damage resulting therefrom,provided however,that the OWNER within five(5)days after
<br /> receipt of any notice of infringement or of summons in any action therefor shall have forwarded the same to the ENGINEER in
<br /> writing.
<br /> 8.3 Conflict of Interest. ENGINEER represents and agrees that ENGINEER has not employed any person to solicit or
<br /> procure this Agreement,and has not made.and will not make,any payment or any agreement for payment of any commission,
<br /> percentage,brokerage,contingent fees,or other compensation in connection with the procurement of this Agreement.
<br /> ENGINEER further represents and agrees that he has not now and will not acquire any interest,direct or indirect,present or
<br /> prospective,in any of the property subject to this Agreement,during the term of this Agreement. ENGINEER further represents
<br /> MOUNDSV.JH Rev. November 21, 1995
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