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. „ . <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 performed as a result of litigation,arbitration,public hearings or other legal <br /> or administrative proceedings involving the PROJECT other than a dispute between <br /> the OWNER and ENGINEER. <br /> b. Services performed to accomplish property surveys,preparation of legal description <br /> plats and documents for the acquisition of easements and/or right-of-way, and <br /> assistance to the OWNER in acquiring any necessary easements and right-of-way. <br /> c. Services performed in connection with supplemental archaeological surveys if <br /> required by governmental permitting agencies. <br /> Additional services shall be considered outside the scope of the PROJECT. <br /> 5. Services resulting from significant changes in general scope of the PROJECT including,but <br /> 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 /> 6. The obligation to provide further services under this AGREEMENT may be terminated by <br /> either party upon seven(7)days written notice in the event of substantial failure by the other <br /> party to perfortn in accordance with the terms hereof through no fault of the terminating <br /> party. <br /> THE OWNER AND THE ENGINEER each binds himself, his partners, successors, executors, <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 OWNER nor the ENGINEER shall assign, sublet or <br /> transfer any part of his interest in this AGREEMENT without the written consent of the other party <br /> hereto. � <br /> IN IT �'�' REOF, the parties hereto have affixed their hands and seals this�day <br /> o � �J� , 2004. <br /> O ER: ENGINEER: <br /> City of Decatur Bainbridge, Gee, Milanski & Associates, Inc. <br /> � � w� <br /> By �.- �� By <br /> Paul Osborne Steven G. Ba n ridge <br /> M or Secretary/Treasurer <br /> By S �� � BTTEST• � <br /> Y <br /> Celeste F. Harris Charles . � ger <br /> City Clerk Vice President <br /> BGM 04-100 5 <br />