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6.2. Opinions of PrObable Construction Cost. <br /> <br />Since ENGINEER has no control over the cost of labor, materials, equipment or <br />services furnished by others, or over the Contractor's methods of determining <br />prices, or over competitive bidding or market conditions, ENGINEER's Opinions <br />of Probable Construction Cost provided for herein are to be made on the basis <br />of ENGINEER's experience and qualifications and represent ENGINEER's judgment <br />performed in a man~er consistent with that level of care and skill ordinarily <br />exercised by other professional consultants under similar circumstances who are <br />familiar with the construction industry; but ENGINEER cannot and does not <br />guarantee that proposals or actual Total PROJECT or Construction Costs will not <br />vary from Opinions of Probable Construction Costs prepared by ENGINEER. If, <br />prior to the Bidding, OWNER wishes greater assurance as to Total PROJECT or <br />Construction Costs, OWNER shall employ an independent cost estimator. <br /> <br />SECTION 7 - GENERAL CONSIDEP. ATION <br /> <br />7.1. Termination. <br /> <br />The obligation to provide further services under this Agreement may be <br />terminated by either party upon t~irty days' written notice in the event of <br />substantial failure by the other party to perform in accordance with the terms <br />hereof through no fault of the terminating party. <br /> <br />7.2. Insurance. <br /> <br />7.2.1. ENGINEER shall procure and maintain insurance for protection from <br />claims under workers' compensation acts, claims for damages because of bodily <br />injury including personal injury, sickness or disease or death of any and all <br />employees or of any person other than such employees, and from claims or <br />damages because of injury to or destruction of property including loss of use <br />resulting therefrom. <br /> <br />7.2.2. ENGINEER shall maintain professional liability insurance for protection <br />against claims arising out of performance of services under this Agreement <br />caused by errors, omissions or negligent acts for which ENGINEER is legally <br />liable. <br /> <br />7.3. Controllinq Law. <br /> <br />This ~greement is to be governed by the law of the State of North Carolina. <br /> <br />7.4. Successors and Assigns. <br /> <br />7.4.1. The OWNER and ENGINEER, respectively, bind themselves, their partners, <br />successors, assigns, and legal representatives to the other party to this <br />Agreement and to the partners, successors, assigns and legal representatives of <br />such other party witb respect to all covenants of this Agreement. Neither the <br />OWNER nor ENGINEER shall assign, sublet or transfer any interest in this <br />Agreement without t~e written consent of the other. <br /> <br /> -10- <br /> <br /> <br />