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.. ' • �i <br /> 3. To the fullest ext4ent pernutted by law,ENGINEER's total liability to OWNER and <br /> anyone claiming by,through,or under OWNER for any cost,loss or damages caused in <br /> part by the negligence of ENGINEER and in part by negligence of OWNER or any other <br /> negligent enrity or individual,shall not exceed the percentage share that ENGINEER's <br /> negligence bears to the total negligence of OWNER,ENGINEER,and all other negligent <br /> entities and individuals. <br /> 4. In addition to the indemnity provided under paragraph 6.11.A.2 of this Agreement,and to <br /> the fullest extent permitted by law,OWNER shall indemnify and hold harmless <br /> ENGINEER and its officers,directors,partners,employees,and ENGINEER's <br /> Consultants from and against all costs,losses,and damages(including but not limited to <br /> all fees and charges or engineers,azchitects, attorneys,and other professionals,and all <br /> court or arbitration or other dispute resolution costs)caused by,arising out of or resulting <br /> from a Hazardous Environmental Condition,provided that(i) any such cost,loss or <br /> damage is attributable to bodily injury,sickness,disease,or death,or to injury to or <br /> destrucrion of tangible property(other than completed Work),including the loss of use <br /> resulting therefrom,and(n)nothing in this paragraph 6.11.A.4. shall obligate OWNER to <br /> indemnify any individual or entity from and against the consequences of that individual's <br /> or entity's own negligence or willful misconduct. <br /> 5. The indemnification provision paragraph 6.11.A.is subject to and limited by the <br /> provisions agreed to by OWNER and ENGINEER in Exhibit I,"Allocation of Risks,"if <br /> any. <br /> 6.12 Notices <br /> A. Any notice required under this Agreement will be in writing,addressed to the appropriate party at <br /> its address on the signature page and given personally,or by registered or certified mail postage <br /> prepaid,or by a commercial courier service. All notices shall be effecrive upon date of receipt. <br /> 6.13 Survival <br /> A. All express representations,indemnificarions,or limitations of liability included in this Agreement <br /> will survive its completion or ternunation for any reason. <br /> 6.14 Severability <br /> A. Any provision or part of the Agreement held to be void or unenforceable under any Law or <br /> Regulations shall be deemed stricken,and all remaining provisions shall continue to be valid and <br /> binding upon OWNER and ENGINEER,who agree that the Agreement shall be reformed to <br /> replace such stricken provision of part thereof with a valid and enforceable provision that comes <br /> as close as possible to expressing the intention of the stricken provision. <br /> 6.15 Waiver <br /> A. Non-enforcement of any provision by either party shall not constitute a waiver of that provision, <br /> nor shall it affect the enforceability of that provision or of the remainder of this Agreement. <br /> Standard Form of Agreement <br /> Between Owner and Engineer for Professional Services <br /> 10 <br />