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3 <br />Revised 01/24 <br />3.2.5 The Designer and its Consultants shall perform all services in a reasonably timely manner in accordance with all mutually agreed schedules for <br />the Project or required under this Agreement, and as provided in the construction agreement and any General Conditions of the Owner's construction <br />agreements with the contractors for the Project. <br />3.2.6 The Designer shall reimburse the Owner, as stipulated in 3.2.6.A and 3.2.6.B for costs, damages and expenses, including attorney's fees, incurred <br />by the Owner when such costs, damages and expenses are the result of any error, omission or delay of the Designer or its Consultants. <br />A. To the extent that the aggregate cost to the Owner for all errors, premium value of omissions or delays of the Designer is less than one-half of <br />one percent (0.5%) of the Total Project Cost, the Designer shall not be liable to the Owner for 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 than one-half of <br />one percent (0.5%) of the Total Project Cost, the Designer shall reimburse the Owner for all such costs in excess of said one-half of one percent <br />(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. No changes in <br />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 terminated for any <br />reason, the Owner may, at its sole option, take the assignment of the Consultants' contract with the Designer, that such assignment shall automatically <br />take place upon notification in writing by the Owner to the Consultants and the Consultants shall continue to be bound by the contract after such <br />assignment. A copy of each contract between the Designer and a Consultant shall be 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 two separate bid packages with no additional compensation due <br />the Designer. Such bid packages must be approved by Owner prior to submission and, at the Owner's option, may include but not be limited to: <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 />F. Water and sewer infrastructure <br />G. <br />4.2 Project Cost Estimates <br />Docusign Envelope ID: 76D66578-87F7-42C9-862F-5B1BD878A8F6