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7.4 <br /> <br />7.5 <br /> <br />7.5.1 <br /> <br />7.5.2 <br /> <br />7.6 <br /> <br />7.7 <br /> <br />7.7.1 <br /> <br />7.7.2 <br /> <br />Engineer's Liability <br /> <br />ENGINEER shall, without additional compensation, correct or revise any errors or <br />deficiencies in the final designs, drawings, specifications and other serVices <br />ENGI2qEER performs hereunder. ENGINEER shall not be responsible for corrective <br />construction or repair work, and shall have no other liability to OWNER for defective <br />serVices, including without limitation, liability for any claim for consequential <br />damages, loss of use or loss of profits incurred by OWNER regardless of whether <br />such claim is based upon alleged breach of contract, willful misconduct or negligent <br />act or orrfission, whether professional or non-professional, of ENGINEER or its <br />employees, agents, or subcontractors. <br /> <br />ENGINEER shall procure and maintain insurance for protection from claims under <br />workers' compensation acts, employer's liability claims, claims for damages because <br />of bodily injury, including personal injury, sickness or disease or death of any and all <br />employees, or of any person other than such employees, and from claims or damages <br />because of injury to or destruction of property, including loss of use resulting <br />therefrom. <br /> <br />ENGINEER shall maintain professional liability insurance for protection against claims <br />arising out of performance of services under this Agreement caused by negligent acts, <br />errors, or omissions for which ENGINEER is legally liable. <br /> <br />Controlling Law <br /> <br />This Agreement is to be governed by and construed in accordance with the laws of the <br />State of North Carolina. <br /> <br />Successors and Assigns <br /> <br />The parties hereby bind their respective partners, successors, executors, <br />administrators, legal representatives and, to the extent permitted by paragraph 7.7.2., <br />their assigns, to the terms, conditions and covenants of this Agreement. <br /> <br />Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or <br />interest in this Agreement (including, but without limitation, monies that may become <br />due or monies that are due) without the written consent of the other, except to the <br />extent that any assignment, subletting or transfer is mandated by law or the effect of <br />this limitation may be restricted by law. <br /> <br />-18- <br /> <br /> <br />