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f. Provide access to all affected private property for CONSULTANT to perform all necessary surveying, engineering and inspections. All such OWNER responsibilities shall be conducted in a timely manner and without undue delay so as not to delay the CONSU LTANT in the performance of his services. 1Q. Opinion of Probable Construction Costs. CONSULTANT's opinion of probable construction costs, if rendered as a service under this Agreement, is based on assumed labor costs and approximate quantities of material and equipment, and therefore is of a conditional character. CONSULTANT cannot and does not guarantee the cost of work to be performed by others since market or bidding conditions can change at any time and changes in the scope or quality of the project may affect estimates. OWNER waives and releases CONSULTANT from any loss, liability or claim arising out of or in any way related to CONSULTANT'S opinion of probable construction costs. 11.Ownership of Documents. All documents prepared or furnished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT's professional service, and CONSULTANT shall retain an ownership and property interest therein, including all copyrights. CONSULTANT grants OWNER a license to use instruments of CONSULTANT'S professional service far the purpose of constructing, occupying or maintaining the project. Reuse or modification of any such documents by OWNER, without CONSULTANT'S written permission, shall be at OWNER's sole risk, and OWNER agrees to indemnify and hold CONSULTANT harmless from all claims, damages and expenses, including attorneys' fees, arising out of such reuse by OWNER or by others acting through OWNER. Documents are defined as reports, drawings, specifications, record drawings, plats and other deliverables defined in the scope of work whether in printed or electronic format. 12. Use of Electronic Media. Copies of documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by CONSULTANT. Files in electronic formats, or other types of information furnished by CONSULTANT to OWNER such as text, data or graphics, are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic formats, CONSULTANT makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems or computer hardware differing from those in use by CONSULTANT at the beginning of this project. 13. Changes. The OWNER or the CONSULTANT may, from time to time, request modifications or changes in the Scope of Services. Such changes, including any increase or decrease in the amount of the CONSULTANT's compensation ar time of performance, which are mutually agreed upon by and between the OWNER and the CONSULTANT, shall be incorporated in written amendments, or, as appropriate, and if not otherwise documented by amendment, compensated as additional services as set forth in Attachment li. OWNER: john Day, County Manager CONSULTANT: David L. Peeler, PE David L. Pond, PE G. Tim Lowder, PE 14. Termination of Contract. This Contract may be terminated by either the OWNER or the CONSULTANT, with or without cause, upon 7 calendar days written notice. In the event of a termination by OWNER for cause or by CONSULTANT without cause, copies of all finished or unfinished plans, specifications and reports prepared by the CONSULTANT shall, at the option of the OWNER, be made available, provided CONSULTANT is paid in full far all services provided and expenses incurred through the date of termination and otherwise as provided for in paragraph 11. If termination is by CONSULTANT for cause, the License granted OWNER pursuant to paragraph 11 shall Cabarrus Co SE Park Attachment number 3 G-9 Page 528 of 627