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determined solely by the Engineer. Any cancellation of <br /> this agreement by the Owner to be effective must be in <br /> writing and shall only be _effective upon actual receipt <br /> by the Engineer. <br /> g) The Owner agrees that the limit of liability of the <br /> Engineer for their acts or failure to act to the Owner <br /> and to all construction contractors and subcontractors <br /> on the project, in all events, shall be such that the <br /> total aggregate liability of the Engineer is equal to <br /> but no greater than the total compensation received by <br /> the Engineer from the Owner. The Owner agrees that the <br /> Engineer shall only be liable for gross negligence of <br /> willful failures to act. <br /> h) This agreement sets forth the entire agreement between <br /> the Owner and the Engineer with respect to the <br /> professional services to be rendered by the Engineer. <br /> The terms and conditions of this agreement can be varied <br /> only by a further writing signed by both the Owner and <br /> the Engineer. Only a principal of the Engineer has the <br /> right and authority to execute this agreement and any <br /> amendment to this agreement and/or vary the terms of <br /> this agreement. <br /> i) The person signing this agreement on behalf of an entity <br /> warrants and covenants that he is fullv authorized to do <br /> so and that his signature binds the entity to the terms <br /> and conditions of this agreement. with regard to any <br /> established working schedule established by the parties <br /> under Section 5 of this agreement, the Engineer is not <br /> responsible for any delay in meeting such schedule for <br /> matters beyond the control of the Engineer (including, <br /> without limitation, delay by the Owner and the agents of <br /> the Owner, fire, flood and labor strikes and strife) . <br /> k) This agreement shall be governed by and construed in <br /> accordance with the laws of the State of California. <br /> 1) In the event that any portion of this agreement is <br /> deemed to be illegal, void or unenforceable, the parties <br /> expressly agree that shall not in any way affect the <br /> remaining portions of this agreement. <br /> 7 . CURRENT RATE SCHEDULE: (for authorized work above and beyond <br /> original contract fee) . <br /> Hourl Fee <br />