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<br />AUICLE 7 <br /> <br />C~TXSH.l.¥ ARD USE OF DOCUIIISII'1"S <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 CITY whether the Project for <br /> <br />which they are made is executed or not. <br /> <br />However, ARCHITECT shall not <br /> <br />be <br /> <br />responsible, <br /> <br />and <br /> <br />liability <br /> <br />is <br /> <br />hereby <br /> <br />waived <br /> <br />by <br /> <br />CITY <br /> <br />against <br /> <br />ARCHITECT, and CITY shall indemnify ARCHITECT from any and all losses, <br /> <br />claims, demands and causes of action resulting from CITY's intentional, <br /> <br />willful, <br /> <br />and wanton illegal use of <br /> <br />said plans, <br /> <br />specifications <br /> <br />and <br /> <br />construction contract documents and/or the intentional, <br /> <br />willful and <br /> <br />wanton illegal use by others if CITY has knowledge of such use by <br /> <br />others, <br /> <br />and in such event, <br /> <br />CITY will exercise its best efforts to <br /> <br />notify ARCHITECT of such use by 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 Project is <br /> <br />not to be construed as publication in derogation of the ARCHITECT I S <br />rights. <br /> <br />AR~ICLII: 8 <br /> <br />-.rBlUID1A-.rIOB OF AGRBEIIEB".r <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 />of the party initiating the termination. <br /> <br />8.2 <br /> <br />This Agreement may be terminated at will by the CITY upon at <br /> <br />least fifteen (15) days' prior written notice to the ARCHITECT. <br /> <br />8.3 <br /> <br />In the event of termination as provided in this Article, the <br /> <br />ARCHITECT <br /> <br />shall <br /> <br />be <br /> <br />compensated <br /> <br />for <br /> <br />all <br /> <br />services <br /> <br />performed <br /> <br />to <br /> <br />termination date which are deemed by CITY to be in accordance with this <br /> <br />Agreement. <br />delivering <br /> <br />Such amount shall be paid by the CITY upon the ARCHITECT's <br /> <br />or <br /> <br />otherwise <br /> <br />making <br /> <br />available <br /> <br />to <br /> <br />the <br /> <br />CITY, <br /> <br />all <br /> <br />data, <br /> <br />drawings, specifications, reports, estimates, summaries, and such other <br /> <br />information and materials as may have been accumulated by the ARCHITECT <br /> <br />in <br /> <br />performing <br /> <br />the <br /> <br />services <br /> <br />included <br /> <br />in <br /> <br />this <br /> <br />Agreement, <br /> <br />whether <br /> <br />completed or in progress. <br /> <br />The expense of the reproduction of these <br /> <br />items shall be borne by the CITY. <br /> <br />-15- <br />