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Project Cost or Construction Cost provided for herein are to be made on the basis of his experience and <br />qualifications and represent his best judgment as a design professional familiar with the construction industry, <br />but ENGINEER cannot and does not guarantee that proposals, bids or the Construction Cost will not vary <br />from opinions of probable cost prepared by him. If prior to the Biding or Negotiating Phase, CITY wishes <br />greater assurance as to Project or Construction Cost he shall employ an independent cost estimator. <br />ARTICLE 47 -SUBRECIPIENT REQUIREMENTS <br />ENGINEER agrees and recognizes that CITY may be seeking reimbursement in whole or in part for the cost <br />of the work contemplated by this Contract from a third party, including but not limited to, various County, <br />State, and Federal agencies or subdivisions. The reimbursement sought by CITY may be dependent on, <br />amongst other items, ENGINEER's compliance with the terms and conditions of this Contract and the <br />furnishing of Subrecipient Requirement information by ENGINEER to CITY. ENGINEER agrees to fully <br />cooperate with CITY in any requests of CITY to fulfill CITY's Subrecipient Requirements and to otherwise <br />obtain the sought after reimbursement. ENGINEER agrees and recognizes that the failure to comply with all <br />the terms and conditions of this Contract and the furnishing of Subrecipient Requirement information to <br />CITY by ENGINEER may result in the CITY failing to obtain the sought after reimbursement in whole or in <br />part for the cost of the work contemplated by this Contract and that such failure by the ENGINEER shall <br />constitute a material default under this Contract. <br />ARTICLE 48 -WAIVER OF TRIAL BY .JURY <br />IN THE EVENT OF LITIGATION ARISING FROM THIS CONTRACT, CITY AND CONTRACTOR <br />KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY <br />JURY. CITY AND CONTRACTOR HEREBY ACKNOWLEDGE THAT THIS WAIVER PROVISION IS <br />A MATERIAL INDUCEMENT FOR EACH PARTY AGREEING TO ENTER INTO THIS CONTRACT. <br />SIGNATURES ON FOLLOWING PAGE <br />Continuing Service Contract 1.27 .15 22