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Agreement for Professional Services I Construction Design and Renovation of Voorde Park — South Bend, IN I Page 7 of 7 <br />South Bend Board of Park Commissioners and Lehman & Lehman, Inc. ©Copyright 20111 April 8, 2011 (Revised June 7, 2011) <br />c) Services provided within this Agreement are for the exclusive use of the Client for the Project only. <br />d) The Consultant makes no representation concerning the estimated quantities and cost figures made <br />in connection with maps, plans, specifications, or drawings other than that all such figures are <br />estimates only and the Consultant shall not be responsible for fluctuations in cost factors. <br />10) Payments: <br />a) Payments are typically due and payable 30 days from the date of the Consultant's invoice. The <br />Owner will make every attempt to make these payment schedules. <br />If the Owner shall violate or breach the terms or conditions of this contract, the Owner shall pay all costs and <br />expenses including any attorney fees incurred by the Consultant in connection with its exercising his rights or <br />remedies he may have under this agreement because of such violation or breach. <br />If this letter proposal properly sets forth the scope of the construction design, please countersign below so <br />we can begin work on your project. <br />Thank you for the opportunity to submit this proposal. We look forward to working with you. If you have any <br />questions please do not hesitate to contact us. <br />Charles F. Lehman, ASLA, FRSA South Bend Board of Park Commissioners <br />Landscape Architect and President <br />Lehman & Lehman, Inc. <br />Date <br />Staged Authorization to Proceed: <br />— Site Survey / Rezoning of Property Transfer <br />Authorized: <br />Date: <br />— Construction Design Services <br />Authorized: <br />Date: <br />