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O. The services to be provided by Engineer under this Agreement DO NOT INCLUDE advice or recommenda ons with respect to the issuance, structure, ming, terms or any other aspect of municipal securi es, municipal deriva ves, guaranteed investment contracts or investment strategies. Any opinions, advice, informa on or recommenda ons provided by Engineer are understood by the par es to this Agreement to be strictly engineering or other technical opinions, advice, informa on or recommenda ons. Engineer is not a “municipal advisor” as defined by 15 U.S.C. 78o-4 or the related rules of the Securi es and Exchange Commission. The other par es to this Agreement should determine independently whether they require the services of a municipal advisor. P. The Engineer shall not be required to execute cer ficates, guarantees, warran es, or make representa ons that would, in its professional judgment, require knowledge, services or responsibili es beyond the scope of this Agreement. Q. Village and Engineer may transmit, and shall accept, Project-related correspondence, Documents, text, data, drawings, informa on, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in accordance with a mutually agreeable protocol. If the Scope of Services does not establish protocols for electronic or digital transmi als, then Village and Engineer shall jointly develop such protocols. When transmi ng items in electronic media or digital format, the transmi ng party makes no representa ons as to long term compa bility, usability, or readability of the items resul ng from the recipient’s use of so ware applica on packages, opera ng systems, or computer hardware differing from those used in the dra ing or transmi al of the items, or from those established in applicable transmi al protocols. The Village may nevertheless require hard copies of any correspondence, drawings, documents, and graphics for its use at no addi onal cost. R. The Village and Engineer may rely on the ini al informa on provided by both par es, with both recognizing that such informa on may materially change which may result in adjustments to the scope of any work or services. S. Except with the Village’s knowledge and consent, the Engineer shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Engineer’s professional judgment with respect to any work. 3. Engineering Services Engineering Services may include, but not be limited to: a. Review of contracts relating to the construction and/or reconstruction of new buildings; b. Review of matters referred to him/her to determine propriety of procedure; c. Development and review of any plans proposed for the construction of any buildings in the Village; Page 4 V. E. Aurora-B&L MSA FY 2026-27 (ID 3593336).docx