2018-09-18_PERMIT FILE - M2018048

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Subcontract#: 061804-017 Page 28/Rev 171204 13. MISCELLANEOUS 13.1 Waiver: Waiver by Contractor of any breach hereof by the Subcontractor shall not constitute a waiver of any subsequent breach of the same or any other provisions hereof. 13.2 Waiver of Consequential Damages: Subcontractor waives and releases all claims for consequential damages arising out of or relating to the Work. This waiver includes damages incurred by Subcontractor for office expenses, losses of financing or business, damage to reputation, and for lost profits except anticipated profit arising directly from the Work. 13.3 Assignments: Contractor at its option may assign this Agreement and/or any or all of the Contractor's rights and obligations to the Subcontractor or to any other person or entity. Subcontractor may not assign its rights or obligations under this Agreement or any payments due under this Agreement without permission in writing from the Contractor. 13.4 Entire Agreement: There are no other representations, agreements, undertakings, terms or provisions between the parties with respect to the Work other than as set forth in the Contract Documents. All modifications or amendments to this Agreement must be in writing and agreed to by Contractor and Subcontractor. 13.5 Successors and Assigns: Contractor and Subcontractor each binds itself, its successors, assigns, and heirs in all obligations and agreements contained in this Agreement. 13.6 Severability: Any provision or part of the Contract Documents held to be legally void or unenforceable under any law shall be deemed stricken and all remaining provisions shall continue to be binding and valid on Contractor and Subcontractor. 11.6 Electronic Signatures and Documents: This agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement, and by electronic (PDF) or facsimile delivery thereof. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT MAY BE EXECUTED BY ANY OR ALL PARTY(IES) HERETO VIA ELECTRONIC SIGNATURE OR AN ELECTRONIC COPY OF A SIGNED DOCUMENT, AND THAT ANY SUCH SIGNATURE OR COPY SHALL HAVE THE SAME FORCE AND EFFECT AS IF IT WAS AN ORIGINAL SIGNATURE OR SIGNED DOCUMENT AND SHALL BE BINDING TO THE FULLEST EXTENT PERMITTED UNDER THE LAW. The parties agree that either party may provide a reproduction of this agreement from its electronic copy in the event of any dispute regarding the rights and obligations of the parties under this agreement. The parties agree that any document in electronic format or any document reproduced from an electronic format shall not be denied legal effect, validity, or enforceability and shall meet any requirement to provide an original or hard copy. Equal Opportunity/Affirmative Action Employer