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5.3.2. In the event of termination. by OWNER under paragraph 7.1. upon <br />the completion of any phase of the Basic Services, progress payments due <br />ENGINEER for services rendered through such phase shall constitute total <br />payment for such services. In the event of such termination by OWNER <br />during any phase of the Basic Services, ENGINEER shall be paid for <br />services rendered during that phase on the basis of the attached per diem <br />rates for services rendered during that phase to date of termination by <br />ENGINEER'S principals and employees engaged directly on the Project. <br />In the event of any such termination, ENGINEER also will be reimbursed <br />for the charges of independent professional associates and consultants <br />employed by ENGINEER to render Basic Services, and paid for all unpaid <br />Additional Services and unpaid Reimbursable Expenses, plus all termination <br />expenses. Termination expenses mean Reimbursable Expenses directly <br />attributable to termination. <br />SECTION 6 - OPINIONS OF COST <br />6.1. Opinions of cost <br />Since ENGINEER has no control over the cost of labor, materials, <br />equipment or services, furnished by others, or over the CONTRACTORS) <br />methods of determining prices, or over competitive bidding or market <br />conditions, his opinions or probable Project Cost and Construction.Cost <br />provided for herein are to be made on the basis of his experience and <br />qualifications and represent his best judgement as an experienced and <br />qualified professional engineer, familiar with the construction industry; <br />but ENGINEER cannot and does not guarantee that proposals, bids or <br />actual Project or Construction Cost will not vary from opinions or <br />probable cost prepared by ENGINEER. If prior, to the Bidding or <br />Negotiating Phase, OWNER wishes greater. assurance as to Project or <br />Construction Cost, he shall employ an independent cost estimator as <br />provided in Section 3. <br />SECTION 7 - GENERAL CONSIDERATIONS <br />7.1. Termination - The obligation to provide further services under <br />this Agreement may be terminated by either party upon thirty days <br />written notice in the event of substantial failure by the other party to <br />perform in accordance with the terms hereof through no fault of the <br />terminating party. <br />7.2. Insurance <br />7.2.1. ENGINEER shall procure and maintain insurance for protection <br />from claims under workers' compensation acts, claims for damages because <br />of bodily injury including personal injury., sickness or disease or death of <br />any and all employees or of any person other than such employees, and <br />from claims or damages because of injury to or destruction of property <br />including loss of use resulting therefrom. <br />7.2.2 OWNER shall procure and maintain similar coverage for any of its <br />employees engaged on the Project, and shall require all construction <br />contractors associated with the Project to procure and;.maintain at least <br />statutory workmen's compensation and contractor's liability coverage. <br />Page 12 of 17 Pages <br />