Agenda - 03-21-1989 - Laserfiche WebLink

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KIMLEY-HORN RT 3001 WESTON TEL NO . 919 481 0062 Mar 15 ,89 15 :35 P .07 • Engineer or to the Engineer's independent professional associates or consultants, and the Client shall indemnify 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 Client and the Engineer. (9) tdutions of Cost. Since the Engineer has no control over the cost of Iabor, materials, equipment or services furnished by others, or over methods of determining actual prices, or over competitive bidding or market conditions, any and all opinions as to costs rendered hereunder, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and qualifications and represent its best judgment as an experienced and qualified professional engineer, familiar with this field of engineering; but the Engineer cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost prepared by it. If at any time the Client wishes greater assurance as to the amount of any cost, he shall employ an independent cost estimator to make such determination. In any event, for the aforementioned reasons and because of lack of control of design and other services, the Engineer shall not be held responsible for construction and other costs eventually associated with the subject of these engineering services. (10) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven (7) 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. In the event of any termination, the Engineer will be paid for all services rendered to the date of termination, all expenses • subject to reimbursement hereunder, and other reasonable expenses incurred .by the Engineer as a result of such termination. If the Engineer's compensation hereunder is determined on an hourly basis, the amount payable to the Engineer for services so rendered shall be established on the basis of the time and authorized expenses actually incurred on the project to the date of its receipt of' notice of termination. • If the Engineer's compensation under this Agreement is a lump sum, upon such termination the amount payable to the Engineer for services rendered will be determined using a proportional amount of the total fee based on a ratio of the services done, as reasonably determined by the Engineer, to the total services which were to have been performed, less prior partial payments, if any, which have been made. (11) Liability. The Engineer is protected by Workers' Compensation Insurance CD-Ill (01/88) 6