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Res 1988-059
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Res 1988-059
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Last modified
8/7/2007 12:39:17 PM
Creation date
8/7/2007 12:39:17 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1988-59
Date
5/16/1988
Volume Book
91
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<br />ARTICLE 7 <br /> <br />OWNERSHIP AND USE OF DOCUHENTS <br /> <br />7.1 <br /> <br />Plans, <br /> <br />specifications, <br /> <br />and <br /> <br />other <br /> <br />construction <br /> <br />contract <br /> <br />documents as well as all tracings, <br /> <br />survey notes and other original <br /> <br />documents shall become the property of the Owner whether the Project(s) <br /> <br />for which they are made is executed or not, but such original documents <br /> <br />shall remain in the custody of Engineer. <br /> <br />Copies of any such original <br /> <br />documents shall be provided to Owner at no cost to Owner upon Owner.s <br /> <br />request. <br /> <br />However, Engineer shall not be responsible, and liability is <br /> <br />hereby waived by Owner against Engineer, <br /> <br />and Owner shall <br /> <br />indemnify <br /> <br />Engineer from any and all losses, claims, demands and causes of action <br /> <br />resulting from Owner.s intentionally, willfully, and wantonly illegal <br /> <br />use of said plans, specifications and construction contract documents <br /> <br />and/or the intentionally, willfully and wantonly illegal use by others <br /> <br />if Owner has knowledge of such use by others, and in such event, Owner <br /> <br />will <br /> <br />exercise <br /> <br />its best efforts to notify Engineer of such use by <br /> <br />others. <br /> <br />7.2 <br /> <br />Submission <br /> <br />or <br /> <br />distribution <br /> <br />to <br /> <br />meet <br /> <br />official <br /> <br />regulatory <br /> <br />requirements or for other purposes in connection with the proj ect is <br /> <br />not to be construed as publication in derogation of the Engineer's <br /> <br />rights. <br /> <br />ARTICLE 8 <br /> <br />TERMINATION OF AGREEMENT <br /> <br />8.1 <br /> <br />This Agreement may be terminated by either party upon fifteen <br /> <br />(15) <br /> <br />days. <br /> <br />prior <br /> <br />written <br /> <br />notice <br /> <br />should <br /> <br />the <br /> <br />other <br /> <br />party <br /> <br />fail <br /> <br />substantially to perform in accordance with its terms through no fault <br /> <br />of the party initiating the termination. <br /> <br />8.2 <br /> <br />This Agreement may be terminated at will by the Owner upon at <br /> <br />least fifteen (15) days. prior written notice to the Engineer. <br /> <br />8.3 <br /> <br />In the event of termination as provided in this Article, the <br /> <br />Engineer shall be compensated for all services performed to termination <br />date which are deemed by Owner to be in accordance with this <br /> <br />-14- <br />
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