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Mr. Stephen Moler,P.E. <br /> LA# 17-370 IRC Courthouse Judges Security Upgrade <br /> April 17,2017 <br /> Page 4 of 5 <br /> In the event the Consultant's compensation under this agreement is a fixed fee,upon such termination,the <br /> amount payable to the Consultant for services rendered will be a proportional amount of the total fee <br /> based on the ratio of the amount of the work done,as reasonably determined by the Consultant,to the <br /> total amount of services which was to have been performed, less prior partial payments,if any,which <br /> have been made. <br /> Consultant shall not be responsible for,or liable for: <br /> I. Changes to the Client-approved or submitted site plan or development application that may result <br /> from Client directives; changes to construction plans or surveys. <br /> 2. New,revised or improper interpretations or applications by government staff or government <br /> officials of development regulations or Comprehensive Plan policies. <br /> 3. Amendments to government approved final site plans that may result from platting requirements. <br /> 4. Delays to site plan or development applications or responses to staff reports that may be created <br /> by project team members,government agencies or any other unforeseen circumstances that may <br /> result from the development review process. <br /> 5. The quality of work or technical data and analysis provided by other project team members such <br /> as plans,documents,or electronic data prepared by the project engineer,surveyor,attorney, <br /> architect,traffic consultant,environmental consultant or others not employed by Lucido& <br /> Associates. <br /> This contract does not guarantee government approval of the development application. Consultant shall <br /> not be responsible for, or liable for,the denial of a government application based on failure to perform by <br /> project team member;or new,revised,or improper interpretations or applications of local development <br /> regulations or Comprehensive Plan policies by government staff or officials;or any other unforeseen <br /> circumstances that may result from the development review process. <br /> The Client acknowledges and agrees that land use matters at all levels of government are time consuming <br /> and unpredictable.The Consultant cannot guarantee success nor can the Consultant guarantee the timing <br /> of the governmental process.All time estimates,if any,are simply estimates based upon past experience <br /> and eventual time frames may vary considerably from any estimates given.The Consultant is not <br /> responsible for any time delays or damages to the Client because of any time delays regardless of the <br /> source of the delays.All fees charged by government are to be paid by the Client,regardless of the <br /> amount of the fee or the reason for the fee.The Consultant is not responsible for any fees charged by the <br /> government.The governmental process in land use matters may also involve the Client engaging other <br /> professionals to assist the Client.The Client is responsible for engaging all other professionals to assist <br /> the Client in achieving the Client's land use goals.The Consultant is not responsible for engaging other <br /> professionals,is not responsible for work product of other professionals and is not responsible for any <br /> fees of other professionals.The Consultant is not responsible for the government misinterpreting <br /> government regulations or making new interpretations of government regulations inconsistent with past <br /> interpretations. <br />