1996 S Housing - Owner and Coulter, Hart Jewell Thames PA Engineering Services Consultant

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OWNER pursuant to Section 3. The total of all such costs, allowances, etc. is herein called total "Project Cost". 6.3. Since the ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost and Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as an experienced and qualified professional ENGINEER, familiar with the construction industry; but the ENGINEER cannot and does not guarantee that proposals, bids or actual Project or Construction Cost will not vary from opinions of probable cost prepared by him. If prior to the Bidding Phase the OWNER wishes greater assurance as to Project or Construction Cost he shall employ an independent cost estimator as provided in paragraph 3.7. SECTION 7-GENERAL CONSIDERATIONS 7.1. Termination. The obligation to provide further services under this Agreement may be terminated by either party upon 30 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. Reuse of Documents. All documents including Drawings and Specifications prepared by the ENGINEER (and the ENGINEER's independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect of the Project and the ENGINEER shall retain an ownership and property interest therein whether or not the Project is completed. The OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by the OWNER and others; however such documents are not intended or represented to be suitable for reuse by the OWNER or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the ENGINEER for the specific purpose intended will be at the OWNER's sole risk and without liability or legal exposure to the ENGINEER or to the ENGINEEWs independent professional associates or consultants, and the OWNER to the extent permitted by law, shall idemnify and hold harmless the ENGINEER and the ENGINEER's independent professional associates 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 the ENGINEER to further compensation at rates to be agreed upon by the OWNER and the ENGINEER. 7.3. Arbitration. 7.3.1. All claims, counterclaim, disputes and other matters in question between the parties hereto arising out of or relating to this Agreement or the breach thereof will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations and restrictions stated in paragraphs 7.3.2., 7.3.3. and 7.3.4. below. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this paragraph 7.3. will be specifically enforceable under the prevailing law of any court having jurisdiction. 7.3.2. Notice of a claim must be made within 24 hours after the occurrence,or the beginning of the occurrence, of an event or action giving rise to the claim. Within ten days thereafter the claim must be delivered to the other party. The claim must contain a detailed description of the basis of the claim with specific reference to applicable provisions of the Agreement, must state the amount claimed (if it is a money claim), and how it is calculated. At the time the claim is filed the complaining party must provide all of the supporting information that it wants to have considered. If it is impracticable for it to do so, the claimant must file the supporting documents as soon as it is practicable. A request for arbitration must be made within 30 days after the event(s) or occurrence(s) giving rise to it becomes known to the claimant. The granting or denial, partially or full, by the OWNER the ENGINEER of a claim under this section is the triggering event which starts the 30 day period to run. Failure to make the request for arbitration within this 30 day period is a waiver of arbitration rights and operates as a full release of the party against whom the claim is made with respect to the triggering event. To the extent