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38 <br /> A.To the extent that the cost to the Owner for all errors,premium value of omissions or delays of the Designer is less than one- <br /> half of one percent(0.5%)of the Total Project Cost identified in Attachment C,the Designer shall not be liable to the Owner for <br /> such costs. <br /> B.If the aggregate cost to the Owner for such errors,premium value of omissions or delays of the Designer amounts to more <br /> than one-half of one percent(0.5%)of the Total Project Cost identified in Attachment C,the Designer shall reimburse the Owner <br /> for all such costs in excess of said one-half of one percent(0.5%). <br /> 3.3 Designer's Consultants <br /> 3.3.1 The Designer's Consultants for the project,along with their key project personnel,are listed in Attachment E to this Agreement. <br /> No changes in the consultants or key personnel indicated shall be permitted except with the prior written consent of the Owner. <br /> 3.3.2 All of the Designer's contracts with its Consultants shall be in writing and shall expressly provide that if this Agreement is <br /> terminated for any reason,the Owner may,at its sole option,take the assignment of the Consultants'contract with the Designer,that <br /> such assignment shall automatically take place upon notification in writing by the Owner to the Consultants and the Consultants shall <br /> continue to be bound by the contract after such assignment.A copy of each contract between the Designer and a Consultant shall be <br /> furnished to the Owner within seven(7)days of its execution. <br /> ARTICLE 4 <br /> BASIC SERVICES <br /> 4.1 Basic Services <br /> 4.1.1 The Designer shall perform as Basic Services the work and services described herein and in Attachment B to this Agreement. <br /> 4.1.2 The Basic Services will be performed by the Designer in the phases described in Attachment B. <br /> 4.1.3 The Owner shall have the right and option to require the Designer to prepare separate bid packages with no additional <br /> compensation due the Designer.Such bid packages,at the Owner's option,may include: <br /> A.Demolition and preliminary site work; <br /> B.General work,plumbing,mechanical,electrical,fire protection; <br /> C.Landscaping and irrigation; <br /> D.Signage; <br /> E.Furniture. <br /> 4.2 Project Cost Estimates <br /> 4.2.1 At the times designated herein,the Designer shall develop an estimate of the total cost of the Project(the"Total Project Cost"), <br /> including Designer's fees,costs of the construction,costs of equipment,furnishings,furniture and signage,permit fees and appropriate <br /> contingencies.These costs shall be prepared and submitted to the Owner substantially in the format shown in Attachment C to this <br /> Agreement,with supporting documents listing quantities,unit price,labor rates,man-hour estimates,overhead and profit. <br /> 4 <br /> Revised 3/16 <br />