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<br />6A CONSULTANT may, during the course of its Services, prepare opinions of the cost of
<br />construction. CLIENT acknowledges, however, that CONSULTANT has no control over costs of
<br />labor, materials, competitive bidding environments and procedures, unknown field conditions,
<br />financial and/or market conditions or other factors affecting the cost of the construction and the
<br />operation of the facilities, the design of which is contemplated by this Agreement, all of which are
<br />and will unavoidably remain in a state of change. CLIENT therefore acknowledges that
<br />CONSULTANT cannot and does not make any warranty, promise, or representation, either express
<br />or implied, that proposals, bids, project construction costs, or cost of operation or maintenance will
<br />not vary substantially from its cost estimates.
<br />7 CHANGE ORDERS
<br />7.1 CLIENT or CONSULTANT may, from time to time, request modifications or changes in the
<br />scope of Services. To the extent that the scope of the Services to be performed by CONSULTANT
<br />has been affected, CONSULTANT's Compensation and Project Schedule shall be equitably adjusted.
<br />All changes shall be set forth in a written Change Order in the form of Attachment C, incorporated
<br />herein by reference, and executed by both parties.
<br />8 FORCE MAJEURE
<br />8.1 Neither party shall be responsible for a delay in its performance under this Agreement, other
<br />than a delay in payment for Services already performed, if such delay is caused by extraordinary
<br />weather conditions or other natural catastrophes war., riots, terrorism, sabotage, strikes, lockouts or
<br />other industrial disturbances, acts of any governmental agencies or other events beyond the
<br />reasonable control of the claiming party. CONSULTANT shall be entitled to an equitable
<br />Adjustment to the Compensation and the Project Schedule as a result of any such delay.
<br />9 CONFIDENTIALITY
<br />9.1 CONSULTANT shall treat as confidential and proprietary all information and data delivered
<br />to it by CLIENT. Confidential information shall not be disclosed to any third .party, other than
<br />CONSULTANT's subcontractors or subconsultants, during or subsequent to the term of this
<br />Agreement. Nothing contained herein shall preclude CONSULTANT from disclosing information or
<br />data: (i) in the public domain without breach of this Agreement; (ii) developed independently by
<br />CONSULTANT; (iii) received by CONSULTANT on a non -confidential basis from others who had
<br />a right to disclose such Confidential Information; or (iv) where disclosure or submission to any
<br />governmental authority is required by applicable statutes, ordinances, codes, regulations, consent
<br />decrees, orders, judgements, rules, and all other requirements of any and all governmental or judicial
<br />entities that have jurisdiction over the Subcontracted Services ("Law"), but only after actual prior
<br />written notice has been received by the CLIENT and CLIENT has had a reasonable opportunity to
<br />protect disclosure of such Confidential Information.
<br />10 THIRD PARTY RELIANCE
<br />10.1 This Agreement is intended for the sole benefit of the signatories to this Agreement
<br />and is binding on their respective successors and assigns. Nothing in this Agreement is
<br />intended or may be construed to give any person, firm, corporation or other entity, other than
<br />the signatories hereto, any legal or equitable right, cause of action, remedy or claim under this
<br />Agreement.
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