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<br /> <br /> <br /> <br /> <br /> <br /> <br /> (e) "Reimbursable expenses" include, but are not limited to, long distance telephone, <br /> postage, equipment, expendables, mileage, subcontractors or special consultants, <br /> freight, testing fees, copies, and blueprints. Where special consultants or <br /> subcontractors are used as additional services, the ENGINEER'S reimbursement <br /> shall include a service charge equal to 5% of the subcontractor's invoice amount. <br /> <br /> 4. Services to be Performed by CITY: CITY shall: (i) provide ENGINEER with any previous <br /> studies, reports, data, budget constraints, special OWNER requirements, or other pertinent <br /> information known to CITY; (ii) ensure access for the ENGINEER to properties necessary <br /> for performance of the ENGINEER'S work; (iii) provide legal, accounting, or insurance <br /> consultants, financial advisors or other similar specialists as required for the project; (iv) <br /> make prompt payments in response to ENGINEER'S statements; and (v) respond in atimely <br /> fashion to requests from the ENGINEER. ENGINEER is entitled to rely upon and use, <br /> without independent verification and without liability, all information and services provided <br /> by CITY or CITY's appointees, or with respect to buried utilities, the utility providing service <br /> in the project area. <br /> <br /> 5. Termination: The obligation to provide further services under this AGREEMENT maybe <br /> terminated by either party upon ten (10) calendar days written notice, in the event of <br /> substantial failure by the other party to perform in accordance with the terms hereof. <br /> <br /> 6. Reuse of Documents: All documents prepared by ENGINEER are instruments of service for <br /> the specific project contemplated under this AGREEMENT. They are not intended for reuse <br /> on extensions of that project, or on any other project. Any reuse without written verification <br /> or adaptation by ENGINEER for the specific purpose intended will be at CITY's sole risk and <br /> without liability to ENGINEER. <br /> <br /> 7. Notices: Any notices to be given hereunder by either party to the other may be effected <br /> either by personal delivery, in writing, or by registered or certified mail. <br /> <br /> 8. Sole Parties and Entire AGREEMENT: This AGREEMENT shall not create any rights or <br /> benefits to anyone except the CITY and ENGINEER, and contains the entire agreement <br /> between the parties. Oral modifications to this agreement shall have no force or effect. <br /> <br /> 9. Texas Law to Apply; Successors; Construction: This AGREEMENT shall be construed <br /> under and in accordance with the laws of the State of Texas. It shall be binding upon, and <br /> inure to the benefit of, the parties hereto and their representatives, successors and assigns. <br /> Should any provisions in this AGREEMENT later be held invalid, illegal or unenforceable, <br /> they shall be deemed void, and this AGREEMENT shall be construed as if such provision <br /> had never been contained herein. <br /> <br /> <br /> <br /> <br /> <br /> <br /> 2 <br /> <br /> <br /> 66 <br />