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maximum. If any of these estimates exceed the upper limit, the ENGINEER shall immediately <br /> submit the estimate to the CITY. The CITY sha(I review the estimate and promptly direct the <br /> ENGINEER to: <br /> a. Stop work at a logical point when monies due the ENGINEER are within the limit of <br /> total fee, or <br /> b. Continue work under the terms of the AGREEMENT up to an adjusted limit as <br /> authorized in writing by the CITY. The ENGINEER will make no claim for payment in <br /> excess of the origina) limit without having received such written authorization prior to <br /> incurring the eYcess costs. <br /> 2. The provisions of this Section and the various rates of compensation for ENGINEER's services <br /> provided for in this AGREEMENT have been agreed to in anticipation of the orderly and <br /> continuous progress ofi the PROJECT. Time is of the essence and therefore the project shall be <br /> completed with due diligence to conform to the agreed upon completion timing. The study shall <br /> be completed within 3 months of the notice to proceed. The ENGINEER shall not be <br /> responsible for any time delays in the PROJECT caused by circumstances beyond the <br /> ENGINEER's control. <br /> 3. The CITY may at any time, by written order, make changes within the general scope of this <br /> AGREEMENT in the services or work to be performed. If such changes cause an increase or <br /> decrease in the ENGINEER's cost or time required to perform any services under this <br /> AGREEMENT, an equitable adjustment shall be made and this AGREEMENT shall be <br /> modified in writing. The ENGINEER must assert any claim for adjustment under this clause in <br /> writing within 30 days from the date of receipt of the ENGINEER of the notification of change <br /> unless the CITY grants additional time before the date of final payment. No services for which <br /> an additional compensation will be charbed by the ENGINEER shall be fiurnished without the <br /> written authorization of the CITY. <br /> 4. Services performed during the performance of the AGREEMENT made necessary by the <br /> following circumstances or events shall be considered as Additional Services: <br /> a. Services perfonned as a result of litigation, arbitration, or other legal or administrative <br /> proceedings involving the PROJECT other than a dispute between the OWNER and <br /> ENGINEER. <br /> Payment for Additional Services shall be in accordance with the Schedule of Charges. <br /> 5. Services resulting from significant changes in general scope of the PROJECT including, but not <br /> limited to, changes in size, complexity, or CITY's schedule; and revising previously accepted <br /> designs, studies or reports, when such revisions are due to causes beyond ENGINEER's control <br /> shall be considered as a Cl�ange in Scope. <br /> 6. The obligation to provide further services under this AGREEMENT may be terminated by either <br /> party upon 7 days' written notice in the event of substantial failure by the other party to perform <br /> in accordance with the terms hereofthrough no fault ofthe terminating party. <br /> THE CITY AND THE ENGINEER each binds himself, his partners, successors, eYecutors, <br /> administrators and assignees to each other party hereto in respect to all the covenants and agreements <br /> herein and, except as above, neither the CITY nor the ENGINEER shall assign, sublet or transfer any <br /> part of his interest in this AGREEMENT without the written consent of the other party hereto. <br /> BGM Page 3 of 4 <br />