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5.4 If OWNER fails to make any paymenl due ENGINEER for services and expenses within sixty days after receipt of ENGINEER's stetement therefor, the amount due ENGINEER shall include a charge at the rate of 1.0 percent per month from said s}xtieth day. and in addition ENGINEER may. after giving seven days' written notice to OWNER. suspend services under this Agree- ment until ENGINEER has been paid in full all amounts due for services, expenses and charges. SECTll~N 6, COST CONTROL 6. l OWNER's budgetary requirements and considerations in respect of the Assignment are set forth in Paragraph 5 of Exhibit A "Further Description of Basic Services, Duties of Owner. Method of Payment and Related Matters." 6.2 Opinions of probable construction cost. financial evaluations, feasibil- ity studies, economic analyses of alternate solulions and utilitarian considerations of operations and maintenance costs prepared by ENGINEER hereunder will be made on the basis of ENGINEER's experience and quali- fications and represent ENGINEER's best judgment as an experienced and qualified design professional. II is recognized, however, that ENGINEER does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' melhods of determining their prices, and that any utilitarian evaluation of any facility to be constructed or work to be performed on the basis of the Report musg of necessity, be speculative until completion of its detailed design. Accordingly. ENGINEER does not guarantee that pro- posals, bids or actual costs will not vary from opinions, evaluations or studies submitted by ENGINEER to OWNER hereunder. SECTION 7. GENERAL CONSIDERATIONS ?, 1 All documents prepared or furnished by ENGINEER (and ENGINEER's independ- ent professional associates, subcontractors, and consultants) pursuant to this Agreement are instruments of service and ENC;INEER shall retain an ownership and property interest therein. OWNER may make and retain copies for information and reference: however, such documents are not intended or represented to be suitable for reuse by OWNER or others. Any reuse without whiten verification or adaptation by ENGINEER for Ihe spe- cific purpose intended will be at OWNER's sole risk and withoul liability or legal exposure to ENGINEER, or to ENGINEER's independent professional associates, subcontractors, or consufiants.~and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent professional associ- ates. subcontractors, and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting Page 4 of 6 11185 ~ ~