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OL.SSON <br />d ASSOCIATES <br />4.5 "Certify" or "a Certification ": A statement of Olsson's opinion, based on its observation of <br />conditions, to the best of Olsson's professional knowledge, information and belief. Such <br />statement of opinion does not constitute a warranty, either express or implied. It is understood <br />that Olsson's certification shall not relieve the Client or the Client's contractors of any <br />responsibility or obligation they may have by industry custom or under any contract. <br />4.6 "Cost Estimate ": An opinion of probable construction cost made by Olsson. In providing <br />opinions of probable construction cost, it is recognized that neither the Client nor Olsson has <br />control over the costs of labor, equipment or materials, or over the Contractor's methods of <br />aetermining prices car uluun ly. 1 1 - upil 11u, 1 vi N, %-J u,,...,..... ._ .- _-- - -- - - - <br />reasonable professional judgment and experience and does not constitute a warranty, express <br />or implied, that the Contractor's bids or the negotiated price of the work on the project will not <br />vary from the Client's budget or from any opinion of probable cost prepared by Olsson. <br />4.7 "Day ": A calendar day of 24 hours. The term "days" shall mean consecutive calendar <br />days of 24 hours each, or fraction thereof. <br />4.8 "Inspect" or "Inspection ": The visual observation of the Contractor's completed work to <br />permit Olsson, as an experienced and qualified professional, to determine that the inspected <br />work, generally conforms to the Contract Documents. Client understands and agrees that such <br />visual observations are discrete sampling procedures and that such procedures indicate <br />conditions that exist only at the locations and times the observations were performed. In <br />making such visual observations, Olsson makes no guarantees for, and shall have no authority <br />or control over, the Contractor's performance or the Contractor's failure to perform any work in <br />accordance with the Contract Documents. Olsson shall have no responsibility for the means, <br />methods, techniques, sequences or procedures selected by the Contractor or for the <br />Contractor's safety precautions and programs nor for failure by the Contractor to comply with <br />any laws or regulations relating to the performance or furnishing of any work by the Contractor. <br />4.9 "Record Documents ": Drawings prepared by Olsson upon the completion of <br />construction based upon the drawings and other data furnished to Olsson by the Contractor and <br />others showing significant changes in the work on the project made during construction. <br />Because Record Documents are prepared based on unverified information provided by others, <br />Olsson makes no warranty of the accuracy or completeness of the drawings. <br />SECTION 5— TERMINATION <br />5.1 Either party may terminate this Agreement for cause upon giving the other party not less <br />than seven (7) calendar days' written notice of default for any of the following reasons provided, <br />however, that the notified party shall have the same seven (7) calendar day period in which to <br />cure the default: <br />5.1.1 Substantial failure by the other party to perform in accordance with the terms of this <br />Agreement and through no fault of the terminating party; <br />5.1.2 Assignment of this Agreement or transfer of the Project by either party to any other entity <br />without the prior written consent of the other party; <br />5.1.3 Suspension of the Project or Olsson's services by the Client for more than ninety (90) <br />calendar days, consecutive or in the aggregate; <br />Page 9 <br />