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179 addition to those required under Section 1. Reimbursable Expenses will also include expenses incurred for computer time and other highly specialized equipment, including an appropriate charge for photographic production techniques. Reimbursable Expenses including but not limited to Subconsultant or Subcontractor cost will include a 10% markup over cost. SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST 6.1. Construction Cost. The construction cost of the entire PROJECT (herein referred to as "Construc- tion Cost") means the total cost to OWNER of those portions of the entire PROJECT designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for, or damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the PROJECT or the cost of other services to be provided by others to OWNER. 6.2. Opinions of Probable Construction Cost. Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor's methods of deter- mining prices, or over competitive bidding or market conditions, ENGINEER's Opinions of Probable Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's judgment performed in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances who are familiar with the construction industry; but ENGINEER cannot and does not guarantee that proposals or actual Total PROJECT or Construction Costs will not vary from Opinions of Probable Construction Costs prepared by ENGINEER. If, prior to the Bidding, OWNER wishes greater assurance as to Total PROJECT or Construction Costs, OWNER shall employ an independent cost estimator. SECTION 7 - GENERAL CONSIDERATION 7.1 Termination. The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 7.2. Insurance. 7.2.1. ENGINEER shall procure and maintain insurance for protection from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. 7.2.2. ENGINEER shall maintain professional liability insurance for protec- tion against claims arising out of performance of services under this Agree- ment caused by errors, omissions or negligent acts for which ENGINEER is legally liable. 7.3. Controlling Law. This Agreement is to be governed by the law of the State of North Carolina. 7.4 Successors and Assigns. 7.4.1. The OWNER and ENGINEER, respectively, bind themselves, their part- ners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal represen- tatives of such other party with respect to all covenants of this Agreement. Neither the OWNER nor ENGINEER shall assign, sublet or transfer any interest in this Agreement without the written consent of the other.