AG 2001 09 17 - Laserfiche WebLink

Home Browse Search

12.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 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. 13.Ownership of Materials. It is agreed that upon receipt of final payment, all final documents, studies, surveys, drawings, maps, mode[s, photographs and reports prepared by the CONSULTANT under this Contract, shall be considered the property of the OWNER. However, the CONSULTANT shall retain such copies thereof as he desires. Any reuse by OWNER without written verification or adaptation by CONSULTANT will be at OWNER'S sole risk and without liability or legal exposure to CONSULTANT. 14. Delays Beyond the Control of the CONSULTANT. It is agreed that events which are beyond the control of the CONSULTANT may occur which may delay the performance of the Scope of Services. In the event that the performance of the Scope of Services by the CONSULTANT is delayed beyond his control, the CONSULTANT shall notify the OWNER of such delay and the reasons therefore, and the OWNER shall extend the time of performance appropriately. 15.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, which are mutually agreed upon by and between the OWNER and the CONSULTANT, shall be incorporated in written amendments. 16.Termination of Contract. This Contract may be terminated by either the OWNER or the CONSULTANT with 10 calendar days written notice. In the event of such termination, all finished or unfinished plans, specifications and reports prepared by the CONSULTANT shall, at the option of the OWNER, become its property. The CONSULTANT shall be entitled to receive just and equitable compensation for work accomplished prior to the termination. 17. Assignability. This Contract shall not be assigned or transferred by either the CONSULTANT or the OWNER without the prior written consent of the other. Notwithstanding the foregoing, however, the CONSULTANT shall not be prohibited from contracting with qualified sub-consultants or from assigning to a bank, trust company, or other financial institution any claims for compensation due, or to become due, without such prior written consent.