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CONTRACTUAL SERVICES <br />Page 6 of 7 <br />E. If this Supplement is terminated during prosecution of the services prior to <br />completion of the services of Section 2, payments to be made in <br />accordance with Section 6, Articles 6.0(B) and 6.0(C) on account of that <br />and all prior work under this Supplement shall be due and payable, and <br />shall constitute total payment for services rendered. In addition, upon <br />termination, the ENGINEER shall be paid for any additional services <br />authorized and rendered under Section 4. <br />SECTION 7 <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 of determining prices, any <br />opinion of probable construction cost which may be provided in the <br />services of this Supplement are made on the basis of his experience and <br />qualifications and represent his best judgment as a design professional <br />familiar with the construction industry, but the ENGINEER cannot and <br />does not guarantee that the construction cost will not vary from opinions of <br />probable cost prepared by him. Similar limitations apply to construction <br />schedules reviewed or prepared by 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 <br />this Supplement and to partners, successors, executors, administrators, <br />and assigns of such other party in respect to all covenants of this <br />Supplement. Nothing herein shall be construed as creating any personal <br />liability on the part of any officer or agency of any public body which may <br />be a party hereto, nor shall it be construed as giving any rights or benefits <br />hereunder to anyone other than the OWNER and the ENGINEER. <br />C. The ENGINEER agrees to initiate work promptly upon receipt of <br />authorization to proceed and to prosecute the work in an expeditious and <br />timely manner until the Project is completed based on timely performance <br />by the developer and his Engineers, and any other parties involved. <br />