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A. Re-use of Documents: <br />rrr+rnJr _ <br />CLIENT may, at their expense, obtain a set of reproducible copies of any maps and/or drawings <br />prepared for them by CONSULTANT, in consideration of which CLIENT agrees that no additions, <br />deletions, changes or revisions shall be made to same without the express written consent of the <br />CONSULTANT. Any re -use without written verification of adaptation by CONSULTANT mandates that <br />CLIENT indemnify and hold CONSULTANT harmless from all claims, damages, losses and expenses, <br />including, but not limited to, attorney's fees, arising out of or resulting there from. <br />Photographs of any completed project embodying the services of CONSULTANT provided hereunder <br />may be made by CONSULTANT and shall be considered as its property, and may be used for <br />publication. <br />B. Performance: <br />CONSULTANT shall not be considered in default in performance of its obligations hereunder 'rf <br />performance of such obligations is prevented or delayed by acts of God or government, labor disputes, <br />failure or delay of transportation, subcontractors, or any other similar cause or causes beyond the <br />reasonable control of CONSULTANT. Time of performance of CONSULTANT'S obligations hereunder <br />shall be extended by time period reasonably necessary to overcome the effects of such force majeure <br />occurrences. <br />C. Professional Standards: <br />All work performed by CONSULTANT shall be in accordance with its professional standards and in <br />accordance with applicable govemment regulations. CONSULTANT shall endeavor to obtain all <br />governmental approvals contemplated under this Agreement. However, CONSULTANT does not <br />warrant or represent that any government approval will be obtained. <br />Unless the Scope of Services of this Agreement includes an investigation into the applicable land use, <br />zoning and platting requirements for the Project, CONSULTANT shall proceed on the assumption that <br />the Project as presented by CLIENT, is in accordance with applicable governmental regulations. <br />D. Opinions of Cost: <br />Since CONSULTANT does not have control over the cost of labor, materials, equipment or services <br />_ION KEITH and SCHNARS, P.A. <br />ENGINEERS, PLANNERS, SURVEYORS <br />v <br />Professional Services Agreement <br />Project Name: Utility Undergrounding Consulting — Phase II <br />Project Location: Sunny Isles Beach, FL <br />K &S Proposal No.: P509B.MK <br />Revised June 4, 2013 Page 8 <br />CLIENT may, at their expense, obtain a set of reproducible copies of any maps and/or drawings <br />prepared for them by CONSULTANT, in consideration of which CLIENT agrees that no additions, <br />deletions, changes or revisions shall be made to same without the express written consent of the <br />CONSULTANT. Any re -use without written verification of adaptation by CONSULTANT mandates that <br />CLIENT indemnify and hold CONSULTANT harmless from all claims, damages, losses and expenses, <br />including, but not limited to, attorney's fees, arising out of or resulting there from. <br />Photographs of any completed project embodying the services of CONSULTANT provided hereunder <br />may be made by CONSULTANT and shall be considered as its property, and may be used for <br />publication. <br />B. Performance: <br />CONSULTANT shall not be considered in default in performance of its obligations hereunder 'rf <br />performance of such obligations is prevented or delayed by acts of God or government, labor disputes, <br />failure or delay of transportation, subcontractors, or any other similar cause or causes beyond the <br />reasonable control of CONSULTANT. Time of performance of CONSULTANT'S obligations hereunder <br />shall be extended by time period reasonably necessary to overcome the effects of such force majeure <br />occurrences. <br />C. Professional Standards: <br />All work performed by CONSULTANT shall be in accordance with its professional standards and in <br />accordance with applicable govemment regulations. CONSULTANT shall endeavor to obtain all <br />governmental approvals contemplated under this Agreement. However, CONSULTANT does not <br />warrant or represent that any government approval will be obtained. <br />Unless the Scope of Services of this Agreement includes an investigation into the applicable land use, <br />zoning and platting requirements for the Project, CONSULTANT shall proceed on the assumption that <br />the Project as presented by CLIENT, is in accordance with applicable governmental regulations. <br />D. Opinions of Cost: <br />Since CONSULTANT does not have control over the cost of labor, materials, equipment or services <br />_ION KEITH and SCHNARS, P.A. <br />ENGINEERS, PLANNERS, SURVEYORS <br />v <br />Professional Services Agreement <br />Project Name: Utility Undergrounding Consulting — Phase II <br />Project Location: Sunny Isles Beach, FL <br />K &S Proposal No.: P509B.MK <br />Revised June 4, 2013 Page 8 <br />