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connection with the use and occupancy of the Project by OWNER and others; however, such documents are not into. haled or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other pro- ject. Any reuse withaul written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and Without liability or legal exposure 1o ENGINEER. or to ENGINEER's independent professional associates, subcontractors or consultants, and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent profes- sional associates, subcontractors and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom~ Any such verification or adaptation will entitle ENGINEER lo further compensation at rates to be agreed upon by OWNER and ENGINEER. 6.3 Opinions of Cost Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by olhers, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, ENGINEER's opinions of probable Total Pro, ecl Costs and Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experi- enced and qualified professional engineer, familiar with the construction industry; bu.t ENGINEER cannot and does not guarantee that proposals, bids or ac!ual Total Project or Conslruction Costs will not vary from opinions of probable cost prepared by ENGINEER. If prior to Ihe Bidding or Negotialing Phase OWNER wishes greater assurance as to Tolal Project or Construction Costs, OWNER shall employ an independent cost estimator as provided in paragraph 3.9. 6.4 Successors and Assigns 6.4. I OWNER and ENGINEER each is hereby bound an(l the partners, succes- sors. executors, adminislrators and legal representatives of OWNER and ENGINEER (and lo the exlent permitted by paragraph 6.4.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party lo this Agreemenl and to the partners, successors, executors, administrators and legal representatives (and said assigns) of Such other party, in respect of all covenanls, agreements and obliga~ lions of this Agreement. 6.4.2 Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights Under or interest in (including. but withoul limitation. moneys that may' become due or moneys that are due) thi~ Agreement without the written consent of the other.: except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law, Unless Page 8 of 10 DN 3/85