Laserfiche WebLink
REV 11.21.17 <br /> The Owner designates Kirk Abbott as its representatives authorized to act in the Owner's behalf with <br /> respect to the Project.The contact information for Owner's representative is listed below: <br /> Name: Kirk Abbott <br /> Title:Project Engineer <br /> 630 East Hopkins <br /> San Marcos,Texas 78666 <br /> Ph. 512-393-8149 <br /> E-mail:kabbott@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 remain <br /> the property of the Professional Firm whether the Project for which they are created is executed or not. <br /> 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 Firm. <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 not <br /> prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief.Either <br /> party may make a written request for a meeting within fourteen(14)calendar days after receipt of the request <br /> or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level <br /> individual with decision-making authority regarding the dispute. The purpose of this and any subsequent <br /> meeting is to attempt in good faith to negotiate a resolution of the dispute.If,within thirty(30)calendar days <br /> after such meeting,the parties have not succeeded in negotiating a resolution of the dispute,they will proceed <br /> directly to mediation as described below.Negotiation may be waived by a written agreement signed by both <br /> parties,in which event the parties may proceed directly to mediation as described 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 agree <br /> to participate in mediation in good faith for up to thirty(30)calendar days from the date of the first mediation <br /> session. The Owner and Professional Firm will share the mediator's fees equally and the patties will bear <br /> their own costs of participation such as fees for any consultants or attorneys they may utilize to represent <br /> them or otherwise assist them in the mediation. <br /> Page 3 of26 <br />