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I 5.4 If OWNER fails to make any payment due ENGINEER for sen,ices and expenses <br /> within sixty days after receipt of ENGINEER's statement therefor, the <br /> I amount due ENGINEER shall include a charge at the rate of 1.0 percent per <br /> month from said sixtieth day. and in addition ENGINEER may, after giving <br /> seven days' written notice to OWNER. suspend services under 'this Agree- <br /> ment until ENGINEER has been paid in full all amounts due for services, <br /> expenses and charges. <br /> <br /> I SECTION 6. COST CONTROL <br /> <br /> 6.1 OWNER's budgetary requ!remems and considerations in respect of the <br /> m Assignment are set forih in Paragraph 5 of Exhibit A "Further Description <br /> of Basic Setx'ices, Duties of Owner. Method of Payment and Related <br /> Matters." <br /> m 6.2 Opinions of probable conslmction cost. financial evaluations, feasibil- <br /> ity studi(:s, economic analyses of aitemate solutions and utilitarian <br /> m considerations of operations and maintenance costs prepared by ENGINEER <br /> hereunder will be made on the basis of ENGINEER's experience and quali- <br /> fications and represent ENGINEER's best judgm,~nt as an experienced and <br /> m qualified design professiOnal. It is recognized, however, that ENGINEER <br /> does not have control over the cost of labor, material, equipment or <br /> services furnished by others or over market conditions or contractors' <br /> m methods of determining their prices, and that any utilitarian evaluation <br /> of any facility to be constructed or work to be performed on the basis of <br /> the Report must of necessity be speculative until completion of its <br />m detailed design. Accordingly. ENGINEER does not guarantee that pro- <br /> posals, bids or aclual costs will not vary from opinions, evaluations or <br /> studies submitted by ENGINEER to OWNER hereunder. <br />m SECTION 7. GENERAL CONSIDERATIONS <br /> <br />m 7.1 All documents prepared or furnished by ENGINEER (and ENGINEER's indepond- <br /> ent professional assOCiates, subcontractors, and consullants) pursuant to <br /> this Agreement are instruments of sea, ice and ENGINEER shall retain an <br />m ownership and property interest therein. OWNER may make and retain <br /> copies for information and reference: however, such documents are not <br /> intended or represented to be suitable for reuse by OWNER or others. An); <br />m reuse without written verification or adaptation by ENGINEER for the spe- <br /> cific pu~ose intended will be at OWNER's sole risk and without liability <br /> or legal exposure lo ENGINEER. or to ENGINEER's independent professional <br />m associates, subcontractors, or consultants, and OWNER shall indemnify and <br /> hold harmless ENGINEER and ENGINEER's independent professional associ- <br /> ates. subcontractors, and consultants from all claims, damages, losses <br />m and expenses including attorneys' fees arising out of or resulting <br /> <br /> Page 4 of 6 <br />m I 1185 <br /> <br /> <br />