R2002-172 AUTHORIZING THE EXECUTION OF SUPPLEMENTAL AGREEMENT NO.2

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TEFtMINATION �I ; T�is agreement may be terminated by either party within three days after receiving written notice. Any termination � shall only be for good cause such as for legal, unavailability of adequate financing or major changes in the work. In the event of any termination, the Engineer will be paid for all services and expenses rendered to the date of ', termination on a basis of the Schedule of Rates plus reimbursable expenses and reasonable termination costs. ' DELIVERABLES AND ELECTRONIC FILES ' Plans, specifications, and electronic files are instruments of service and remain the property of the Engineer. � Sealed hardcopy mylar plans provided by the Engineer are actual deliverables and have precedence over any electronic files supplied to the Owner as a convenience. Electronic files are supplied in the software format currently in use by the Engineer, who has no control over deterioration or functional obsolescence due to upgraded versions of software programs. Owner agrees to indemnify and hold Engineer harmless from claims resulting from unauthorized reuse of electronic files or unauthorized changes made by Owner or others to files in the Owner's possession. Information contained in electronic files is valid only for 60 days following delivery to the Owner, and the Engineer is not responsible for data deterioration within the file. REUSE OF DOCUMENTS All documents including drawings and specifications furnished by Engineer pursuant to this Agreement are , instruments of his services in respect of the work. They are not intended or represented to be suitable for reuse I by Owner or others on extensions of this work, or on any other work. ESTIMATES OF COST I Since the Engineer has no control over the cost of labor, materials or equipment or over a Contractor(s) methods ' of determining prices, or over competitive bidding or marketing conditions, his opinions of probable Project Cost or , Construction Cost that may be provided for herein are to be made on the basis of his experience and qualifications � and represent his best judgment as a design professional familiar with the construction industry, but Engineer !, cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable ', cost prepared by him. If the Owner wishes greater assurance as to the Construction Cost, he shall employ an � independent cost estimator. I,I 4 C:\Documents and Settings\gfoltz\Local Settings\Temporary Internet Files\OLK7\4572 Supp 2 Contract.doc