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Provide such legal, accounting, financial and insurance counseling services as <br />may be required for the project, in the City's opinion, and such auditing services <br />as the OWNER may require. <br />J. Give prompt written notice to the ENGINEER whenever the OWNER observes or <br />otherwise becomes aware of any material defect in the Project. <br />SECTION 5 <br />PAYMENT <br />5.0 Payment <br />The services defined in Task I will be performed on an hourly basis at a rate of $100, <br />not to exceed $25,000. This amount includes labor and materials. If additional services <br />are required beyond $25,000 a supplemental agreement will be arranged. <br />SECTION 6 <br />GENERAL CONDITIONS <br />A. Since the ENGINEER has no control over the cost of labor, materials or <br />equipment or over any construction method determining prices, any opinion of <br />probable construction cost which may be provided in the services of this <br />Supplement are made on the basis of his experience and qualifications and <br />represent his best judgment as a design professional familiar with the <br />construction industry, but the ENGINEER cannot and does not guarantee that <br />the construction cost will not vary from opinions of probable cost prepared by <br />him. Similar limitations apply to construction schedules reviewed or prepared by <br />the ENGINEER. <br />B. The OWNER and the ENGINEER each binds himself and his partners, <br />successors, executors, administrators and assigns to the other party of this <br />Supplement and to partners, successors, executors, administrators and assigns <br />of such other party in respect to all covenants of this Supplement. Nothing <br />herein shall be construed as creating any personal liability on the part of any <br />officer or agency of any public body which may be a party hereto, nor shall it be <br />