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<br />e <br /> <br />e <br /> <br />5.2. OPINIONS OF COST <br /> <br />Since ENGINEER has no control over the cost of labor, materials, <br />equipment or services furnished by others, or over the <br />Contractor(s) methods of determining prices, or over competitive <br />bidding or market conditions, his opinions of probable Project <br />Cost and Construction Cost provided for herein are to be made on <br />the basis of his experience and qualifications and represent his <br />best judgement as an experienced and qualified professional <br />engineer, familiar with the construction industry; but ENGINEER <br />cannot and does not guarantee that proposals, bids or actual <br />Project of Construction Cost will not vary from opinions of <br />probable cost prepared by him. If prior to the Bidding of <br />Negotiating Phase OWNER wishes greater assurance as to Project of <br />Construction Cost he shall employ an independent cost estimator <br />to bring the Construction Cost within any limitation established <br />by OWNER will be considered Additional Services and paid for as <br />such by OWNER. <br /> <br />5.3. LATE PAYMENT <br /> <br />If OWNER fails to make any payment due ENGINEER for services and <br />expenses within thirty days after receipt of ENGINEER's bill <br />therefor, the amounts due ENGINEER shall include a charge at the <br />rate of 1 1/2% per month from said thirtieth day, and in <br />addition, ENGINEER may, after giving seven days' written notice <br />to OWNER, suspend services under this Agreement until he has been <br />paid in full all amounts due him for services and expenses. <br /> <br />5.4. TERMINATION <br /> <br />The obligation to provide further services under this Agreement <br />may be terminated by either party upon seven days' written notice <br />in the event of substantial failure by other party to perform in <br />accordance with the terms hereof through no fault of the <br />terminating party. In the event of any termination, ENGINEER <br />will be paid for all services rendered to the date of <br />termination, all reimbursable expenses and termination expenses. <br /> <br />5.5. SUCCESSORS AND ASSIGNS <br /> <br />5.5.1. OWNER and ENGINEER each binds himself and his partners, <br />successors, executors, administrators, assigns and legal <br />representatives to the other party of this Agreement and to the <br />partners, successors, executors, administrators, assigns, and <br />legal representatives of such other party, in respect to all <br />covenants, agreements and obligations of the Agreement. <br /> <br />Page 17 of 19 <br />