Laserfiche WebLink
REV 92917 <br />Name: Shaun Condor, PE <br />Title: Senior En ig neer <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />Ph. 512-393-9134 <br />E-mail:SCondor@sanmarcostx.gov <br />ARTICLE 4 <br />OWNERSHIP AND USE OF DOCUMENTS <br />The Design Documents prepared by Professional Firm as instruments of service are and shall <br />remain the property of the Professional Firm whether the Project for which they are created is executed or <br />not. However, the Owner shall be permitted to retain copies, including reproducible copies, of the Design <br />Documents for information and reference in connection with the Owner's use and occupancy of the Project. <br />In addition, Owner shall have an irrevocable, paid-up, perpetual license and right, which shall survive the <br />termination of this Agreement, to use the Design Documents and the ideas and designs contained in them <br />for any purpose, with or without participation of the Professional Finn. Notwithstanding the foregoing, any <br />use or reuse of Professional Firm prepared documents, except for the specific purpose intended in this <br />Agreement, will be at the Owner's sole risk and without liability or legal exposure to Professional Firm or <br />its subconsultants. <br />ARTICLE 5 <br />DISPUTE RESOLUTION <br />If a dispute arises out of or relates to the Agreement or these Terms and Conditions, or a breach <br />thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does <br />not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. <br />Either party may make a written request for a meeting within fourteen (14) calendar days after receipt of <br />the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) <br />senior level individual with decision-making authority regarding the dispute. The purpose of this and any <br />subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) <br />calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, <br />they will proceed directly to mediation as described below. Negotiation may be waived by a written <br />agreement signed by both parties, in which event the parties may proceed directly to mediation as described <br />below. <br />If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation <br />process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to <br />assist with resolution of the dispute. Should they choose this option, the Owner and the Professional Firm <br />agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals <br />nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a <br />person who is trained in the subject matter of the dispute or a contract interpretation expert. The parties <br />agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first <br />mediation session. The Owner and Professional Firm will share the mediator's fees equally and the parties <br />will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to <br />represent them or otherwise assist them in the mediation. <br />Page 3 of 19 <br />