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industry, but the ENGINEER cannot and does not guarantee that bids or the <br /> construction cost of the PROJECT will not vary from cost estimates prepared by him. <br /> 6.4 Insurance. The ENGINEER shall secure and mai.ntain such insurance as will <br /> protect him from claims under the Workmen's Compensation Acts from claims for <br /> bodily injury, death, or property damage which may arise from the performance of <br /> his services under this AGREEMENT. The ENGINEER shall name the CLIENT <br /> as additional insured under said policies and provide the CLIENT with a proper <br /> insurance certificate showing the policy limits and coverages afforded the CLIENT. <br /> 6.5 �onsequential Dama�. In no event shall the ENGINEER or CLIENT be <br /> liable for indirect, special, incidental, punitive or consequential damages, including, <br /> but not limited to, loss of use, lost profts, or interest on borrowed funds, whether <br /> arising in contract,in tort(including the negligence of the ENGINEER or CLIENI�, <br /> as a result of the application of the principle of strict liability or otherwise. <br /> 6.6 Validity of Fees. The engineering fees stipulated in this AGREEMENT shall <br /> be valid provided that a Notice to Proceed is issued not later than September 7, <br /> �1993. If these conditions are not met, the engineering fees shall be renegotiated to <br /> reflect cost escalation. <br /> 6.7 Successors and Ass�. The CLIENT and the ENGINEER each binds himself <br /> and his partners, successors, executors, administrators, and assigns to the other party <br /> of his AGREEMENT and to the partners, successors, executors, administrators and <br /> assigns of such other party in respect to all covenants of this AGREEMENT; except <br /> as above, neither the CLIENT nor The ENGINEER shall assign, sublet or transfer <br /> his interest in this AGREEMENT without the written consent of the other. Nothing <br /> herein shall be construed as creating any personal liability on the part of any office <br /> or agent of any public body which may be a.party hereto, nor shall it be construed <br /> as giving any rights or benefits hereunder to anyone other than the CLIENT and the <br /> ENGINEER. <br /> 5 <br />