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(e) "Reimbursable expenses mclude, but are not limited to, Iang distance telephone, <br />postage, equipment, expendables, mileage, subcontractors or special consultants, <br />freight, testing fees, copies, and blueprints. Where special consultants or <br />subcantractors are used as additional sezvices, the ENGINEER'S reimbursement <br />shall include a service charge equal to S% of the subcontractor's invoice amount. <br />4. Services to be Performed bY CITY: CITY shali: (i) provide ENGINEER with any previous <br />studies, reports, data, budget constraints, special OWNER requirements, or other pertinent <br />informatian known to CITY; (ii) ensure access for the ENGINEER to praperties necessary <br />for performance of the ENGINEER'S work; (iii) provide legal, accaunting, 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 statemen.ts; and (v) respond in a timely <br />fashion to reqaests from the BNGINEER. 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 servi.ce <br />in the project area. <br />5. Termination: The obligation to provide further services under this AGREEMENT may be <br />terminated by either party upon ten (10) calendar days written notice, in the event af <br />substantial failure by the other party to perform in accordance with the terms hereaf. <br />6. Reuse of Documents: All documents prepared byENGINEER are instruments of service for <br />the specific project conternplated under this AGREEMENT. They are not intended for reuse <br />on extensions of that project, or on any other project. Any reuse without written verificatian <br />or adaptation by ENGINEER for the specific purpose intended will be at CITY's sole risk and <br />without Iiability to ENGINEER. <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 maii. <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 na force or effect. <br />9, Texas Law to Applv' 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 />2 <br />