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<br />Photographs of any completed project embodying the services of CONSULTANT <br />provided hereunder may be made by CONSULTANT and shall be considered as its <br />property, and may be used for publication, <br /> <br />B), Performance: <br /> <br />CONSULTANT shall not be considered in default in performance of its obligations <br />hereunder if performance of such obligations is prevented or delayed by acts of God <br />or government, labor disputes, failure or delay of transportation or by subcontractors, <br />or any other similar cause or causes beyond the reasonable control of <br />CONSULTANT. Time of performance of CONSULTANT'S obligations hereunder <br />shall be extended by time period reasonably necessary to overcome the effects of <br />such force majeure occurrences. <br /> <br />C), Professional Standards: <br /> <br />All work performed by CONSULTANT will be in accordance with its professional <br />standards and in accordance with all applicable government regulations, <br />CONSULTANT will exercise its best efforts to obtain all governmental approvals <br />contemplated under this Agreement. However, CONSULTANT does not warrant or <br />represent that any government approval will be obtained. <br /> <br />Unless the Scope of Services of this Agreement includes an investigation into the <br />applicable land use, zoning and platting requirements for the Project, CONSULTANT <br />shall proceed on the assumption that the Project as presented by CLIENT, is in <br />accordance with all applicable governmental regulations. <br /> <br />D), Opinions of Cost: <br /> <br />Since CONSULTANT does not have control over the cost of labor, materials, <br />equipment or services furnished by others, or over methods of determining prices, or <br />over competitive bidding, or market conditions, any and all opinions as to costs <br />rendered hereunder, including, but not limited to, opinions as to the costs of <br />construction and materials, shall be made on the basis of its experience and <br />qualifications and represent its best judgment as an experienced and qualified <br />CONSULTANT, familiar with the construction industry. CONSULTANT cannot and <br />does not guarantee that proposals, bids or actual costs will not vary from opinions of <br />probable cost. If, at any time, CLIENT wishes greater assurance as to the amount of <br />any cost, CLIENT shall employ an independent cost estimator to make such <br />determination, Engineering services required to bring costs within any limitation <br />established by CLIENT will be paid for as additional services hereunder by CLIENT. <br /> <br />z:.c!!E~?:~ <br /> <br />consulting engineers <br />