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. <br /> � TERMINATION <br /> � This4agreement may be terminated by either party within three days after receiving written notice. Any <br /> termination shall only be for good cause such as for legal, unavailability of adequate financing or major <br /> changes in the work. In the event of any termination, the Engineer will be paid for all services and <br /> expenses rendered to the date of termination on a basis of the Schedule of Rates plus reimbursable <br /> expenses and reasonable termination costs. <br /> DELIVERABLES AND ELECTRONIC FILES <br /> Plans, specifications, and electronic files are instruments of service and remain the property of the <br /> Engineer. Sealed hardcopy mylar plans provided by the Engineer are actual deliverables and have <br /> precedence over any electronic files supplied to the Owner as a convenience. Electronic files are supplied <br /> in the software format currently in use by the Engineer, who has no control over deterioration or functional <br /> obsolescence due to upgraded versions of software programs. Owner agrees to indemnify and hold <br /> Engineer harmless from claims resulting from unauthorized reuse of electronic files or unauthorized changes <br /> made by Owner or others to files in the Owner's possession. Information contained in electronic files is <br /> valid only for 60 days following delivery to the Owner, and the Engineer is not responsible for data <br /> deterioration within the file. <br /> REUSE OF DOCUMENTS <br /> All documents including drawings and specifications furnished by Engineer pursuant to this Agreement are <br /> instruments of his services in respect of the work. They are not intended or represented to be suitable for <br /> reuse by Owner or others on extensions of this work, or on any other work. <br /> ESTIMATES OF COST <br /> Since the Engineer has no control over the cost of labor, materials or equipm�en� or over a Contractorls) <br /> methods of determining prices, or over competitive bidding or marketing conditions, his opinions of <br /> probable Project Cost or Construction Cost that may be provided for herein are to be made on the basis of <br /> his experience and qualifications and represent his best judgment as a design professional tamiliar with the <br /> construction industry, but Engineer cannot and does not guarantee that proposals, bids or the construction <br /> cost will not vary from opinions of probable cost prepared by him. If the Owner wishes greater assurance <br /> as to the Construction Cost, he shall employ an independent cost estimator. <br /> 4 <br /> I:\Municipalides\Ciry_of Decatur\4572-SED BASIN\Management�Agree0815.doc <br />