Laserfiche WebLink
<br />5.3 <br /> <br />PROJEC'l' ( S) SUSPENSION OR TERMINATION <br /> <br />5.3.1 <br /> <br />If the project(s) is suspended or abandoned in whole or in part <br /> <br />for more than six (6) months, the Engineer shall be compensated <br /> <br />for <br /> <br />all <br /> <br />services <br /> <br />performed <br /> <br />prior to receipt of written notice from the Owner of <br /> <br />such suspension or abandonment. <br /> <br />If <br /> <br />the <br /> <br />project(s) <br /> <br />is <br /> <br />then <br /> <br />resumed <br /> <br />after <br /> <br />being <br /> <br />suspended <br /> <br />for <br /> <br />more <br /> <br />than <br /> <br />six <br /> <br />(6) months, the Engineer's <br /> <br />compensation shall be subject to renegotiation. <br /> <br />ARTICLE 6 <br /> <br />ENGINEER1S ACCOUNTING RECORDS <br /> <br />6.1 <br /> <br />All expense records of Engineer shall be kept on <br /> <br />a <br /> <br />recognized <br /> <br />accounting <br /> <br />basis <br /> <br />acceptable <br /> <br />to the Owner and shall be available to the <br /> <br />available to the <br /> <br />Owner <br /> <br />or <br /> <br />the <br /> <br />Owner's <br /> <br />authorized <br /> <br />representative <br /> <br />at <br /> <br />mutually convenient times. <br /> <br />ARTICLE 7 <br /> <br />OWNERSHIP AND USE OF DOCUMENTS <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 <br /> <br />all <br /> <br />tracings, <br /> <br />survey <br /> <br />notes <br /> <br />and <br /> <br />other <br /> <br />original <br /> <br />documents <br /> <br />shall <br /> <br />become the property of the Owner whether the project(s) <br /> <br />:or 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 <br /> <br />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 from any and all losses, claims, <br /> <br />demands and causes of action resulting from Owner's intentionally, will- <br /> <br />fully, and wantonly illegal use of said plans, specifications and <br /> <br />construction contract documents and/or the intentionally, willfully and <br /> <br />wantonly illegal use by others if Owner has knowledge of such use by others <br /> <br />and in such event, Owner will exercise its best efforts to notify Engineer <br /> <br />of such use by others. <br /> <br />ARTICLE 8 <br /> <br />TERMINATION OF AGREEMENT <br /> <br />.1 <br /> <br />This <br /> <br />Agreement <br /> <br />may be terminated by either party upon fifteen <br /> <br />15) days' prior written notice should the other party fail substantially <br /> <br />to perform in accordance with its terms through no <br />initiating the termination. <br /> <br />fault <br /> <br />of <br /> <br />the <br /> <br />party <br /> <br />-13- <br />