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BK00025 PG:0107 <br />documents, including, but not limited to, maps, drawings, specifications, reports, logs, <br />field notes, laboratory test data, calculations and estimates, prepared by the <br />CONSULTANT pursuant to this Agreement ( "Records "), shall be the CONSULTANT's <br />sole property. The CLIENT agrees that all documents of any nature furnished to the <br />CLIENT or the CLIENT's agents or designees, if not paid for, will be returned upon <br />demand and will not be used by the CLIENT for any purpose whatsoever. The CLIENT <br />further agrees that under no circumstances shall any documents produced by the <br />CONSULTANT pursuant to this Agreement be used at any location or for any project <br />not expressly provided for in this Agreement without the CONSULTANT's prior written <br />permission. Furthermore, no part of any document the CONSULTANT delivers to the <br />CLIENT shall be reproduced or distributed, whether for advertising or any other <br />purpose, without the CONSULTANT's prior written consent. Any use of the Records <br />beyond the purpose for which they were created without CONSULTANT's written <br />authorization will be at CLIENT's sole risk, and CLIENT shall indemnify, defend and <br />hold harmless CONSULTANT against any and all claims, lawsuits, damages, expenses, <br />penalties, fines, costs or other liabilities arising out of or resulting from such use. <br />CONSULTANT will retain these Records for a period of five (5) years following <br />completion of this project. During this time, CONSULTANT will reasonably make <br />available the records to the CLIENT. CONSULTANT may charge a reasonable fee in <br />addition to its professional fees for retrieving or copying such records. CLIENT shall rely <br />only on hard copies of documents provided by CONSULTANT, and waives any claim <br />against CONSULTANT for discrepancies between electronic versions and hard copies <br />of documents. <br />13. Opinion of Cost Since CONSULTANT has no control over the cost of labor, <br />materials, equipment or services furnished by others, or over methods of determining <br />prices, or over competitive bidding or marker conditions, any and all opinions as to costs <br />rendered hereunder, including but not limited to opinions as to the costs of construction, <br />remediation and materials, are opinions only. CONSULTANT cannot and does not <br />guarantee the proposals, bids or actual costs will not vary significantly from opinions of <br />probable cost prepared by it. If at any time CLIENT wishes greater assurances as to the <br />amount of any cost, CLIENT shall employ an independent cost estimator to make such <br />determination. Services required to bring costs within any limitation established by <br />CLIENT will be paid for as additional services hereunder by CLIENT. <br />14. Change Orders CONSULTANT will treat as a change order any written or oral <br />order (including directions, instructions, interpretations or determinations) from CLIENT <br />which request changes in the Services. CONSULTANT will give CLIENT written notice <br />within ten (10) days of the change order of any resulting increase in fee. Unless CLIENT <br />objects in writing within five (5) days, the change order becomes a part of this <br />Agreement. <br />15. Third -Party Rights This agreement is solely for the benefit of the parties hereto <br />and nothing herein, express or implied, is intended to confer any right or remedy on any <br />person other than CLIENT and CONSULTANT. <br />Agreement for Professional Services Page 3 of 25 <br />Lee County FY 2011 CDBG <br />Scattered Site Housing Grant Administration <br />