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, , • � ' . <br /> 2. The OWNER may at any time, by written order, make changes within the general scope <br /> of this AGREEMENT in the services or work to be performed. If such changes cause an <br /> increase or decrease in the ENGINEER's cost or time required to perform any services <br /> under this AGREEMENT, an equitable adjustment shall be made and this AGREEMENT <br /> shall be modified in writing. The ENGINEER must assert any claim for adjustment under <br /> this clause in writing within 30 days from the date of receipt of the ENGINEER of the <br /> notification of change unless the OWNER grants additional time before the date of final <br /> payment. No services for which an additional compensation will be charged by the <br /> ENGINEER shall be furnished without the written authorization of the OWNER. <br /> 3. Services resulting from significant changes in general scope of the PROJECT including, <br /> but not limited to, changes in size, complexity, OWNER's schedule, or character of <br /> construction; and revising previously accepted studies, reports, design documents or contract <br /> documents when such revisions are due to causes beyond ENGINEER's control, shall be <br /> considered as a Change in Scope. <br /> 4. Services performed during the performance of the AGREEMENT made necessary by <br /> the following circumstances or events shall be considered as Additional Services: <br /> a. Services performed as a result of litigation, arbitration, public hearings or other <br /> legal or administrative proceedings involving the PROJECT other than a dispute <br /> between the OWNER and ENGINEER. <br /> b. Services performed to accomplish property surveys, preparation of legal <br /> description plats and documents for the acquisition of land, easements and/or right- <br /> of-way, and assistance to the OWNER in acquiring any necessary land, easements <br /> and right-of-way. <br /> 5. Payment for Additional Services shall be on a time and expense basis in accordance with <br /> the current Schedule of Charges. <br /> 6. The obligation to provide further services under this AGREEMENT may be terminated <br /> by either party upon 7 days written notice in the event of substantial failure by the other <br /> party to perform in accordance with the terms hereof through no fault of the terminating <br /> P�3'• <br /> 7. Neither the OWNER nor the ENGINEER shall be obligated to indemnify the other party <br /> in any manner whatsoever for the other party's own negligence. <br /> BGM 01-038C Page 6 <br />