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ENGINEERING SERVICES CONTRACT NUMBER 04071 Section 4. Other OamaQes The Consultant and the Client will not be liable to each other for any incidental, consequential, or special damage, relating to the consultant services. This includes business interruption, good will, or loss of anticipated profits, Section 5. Termination This agreement may be terminated by either party by giving fourteen days written notice to the other party. Upon termination, the Client shall pay the Consultant for costs incurred to the date of termination, including termination costs and other obligations and commitments incurred in providing services. All obligations and liabilities between the parties shall terminate upon payment. These costs are payable under the contract when invoiced. Section 6. Document Ownership The Client acknowledges the Consultant's construction documents as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the Client upon completion of the work and payment in full of all monies due to the Consultant. The Client shall not reuse or make any modification to the plans and specifications without the prior written authorization of the Consultant. The Client agrees, to the fullest extent permitted by law, to indemnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorney's fees and defense costs) arising or allegedly arising out of unauthorized reuse or modification of the construction documents by the Client or any person or entity that acquires or obtains the plans and specifications from or through the Client without written authorization of the Consultant. Section 7, Party Relationship The Consultant will act solely as an independent contractor, The Client and the Consultant may not enter into any agreement or assume any obligation for the other. Section 8. Force Majeure The Consultant will not be liable for failure to perform due to circumstances beyond the Consultant's control. These may include, but are not limited to, wars, floods, strikes, riots, fire, acts of nature, or inability to obtain equipment or material. In the event of such circumstances the time of performance shall be extended sufficiently to overcome the effects of such events. Norman Co., MN and Cass Co., NO 5 Bridge # 6632