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7.2. Governinb Law - Unless ot~:erwise specif ied within this <br />Agreement, this Aoreement shall be governed by the law <br />of thc, principal place of business of the City. <br />7.3. Ge ne r-l <br />7.3.1 Sliou].d litigation or arbitration occur between the <br />two parti.es rclatitlg to the provisions of this Agr.ee- <br />ment, a11 liti.gation or arbztration expenses, collec- <br />tion expenses, witr.ess fees, court costs and attorney <br />fees incuzred by the Prevail.ing party shall be paid <br />by the non-prcVa111I1g party to the prevailing party. <br />7.3.2 Neither party shall hol.d the other responsible for <br />damages or delay in per.formance caused by acts of <br />C;od, strikes, lockauts, accidents, or other events <br />beyond the cor.trol of the other or the other's <br />employees and agents, including the contractor's <br />failur.e to complete the project on time. <br />7.3.3 In ttie event any provisions of this Ag reement sha11 <br />be held to be invalid and unenforceable, the remain- <br />ing Provisions sha11 be valid and birâ–ºding upon the <br />Paxtie5. One or nnre waivers by either par_ty of any provision, <br />term, conditian ur covenant sllall not be canstriied by. the other <br />party aLS a waiver of a subsequent breach oE the saim by the <br />other party. <br />7.3.'+ The Engi-neer has not been retained or compensated to <br />Provide design and construction review services re- <br />lating to the c_ontractor's safety precautions or to <br />means, methocis, tecliniques, sequences, or procedures <br />required for the contractor to perform his work but <br />not relating to the final or completed structure; <br />omitted services include, but are not limited to <br />stloring, scaffolding, underpinnin~, temporary retain- <br />ment of excavations and any erecCion methods and tem- <br />porary brac ing. <br />7.3.5 TYIe LiZgiriecr intencls to render his services under <br />this Agreement in accordance with generally acceptecl <br />professional practices for the intended use of the <br />pro ject and mal:es no warranty either express or im- <br />pliea. <br />7.3.6 Any opinion of the probable constructian or Project <br />Cost prepared by the Engineer represents his judge- <br />ment as a design professional and is supplied for <br />the general guidance of tYie Owner. Since the Engineer <br />has no control over the cost of labor and material, or <br />over competitive bidding or market conditions, the <br />Engineer does not imply nor guarantee the accuracy of <br />such opinions as compared to contractor bids or actual <br />project cost to the Owner. <br />-14- <br />