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SECTION 5 <br /> <br />PAYMENT <br /> <br />5.0 Payment <br /> <br />The City agrees to pay the Consultant compensation as detailed in the Agreement <br />previously entered into on the 25th day of March 2002. <br /> <br />SECTION 6 <br /> <br />GENERAL CONDITIONS <br /> <br />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 /> <br />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 />construed as giving any rights or benefits hereunder to anyone other than the <br />OWNER and the ENGINEER. <br /> <br />The ENGINEER agrees to initiate work promptly upon receipt of authorization to <br />proceed and to prosecute the work in an expeditious and timely manner until the <br />Project is completed based on timely performance by the developer and his <br />Engineers, construction Contractors and others involved. <br /> <br /> <br />