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Res 1980-068
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Res 1980-068
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3/10/2008 10:39:13 AM
Creation date
8/21/2006 10:17:27 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1980-66
Date
9/22/1980
Volume Book
54
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<br />I <br /> <br />,1 <br /> <br />i <br /> <br />I <br /> <br />6. Inspection and ReviEW of thc~:ork: The Engineer will endeavor <br />to protect the CMner against defects and deficiencies in the work of <br />Contractor, by inspection and observatlon of tl1C work as it progresses, <br />by interpretation of the plans, specifications and other contract docu- <br />rrents to and with the Contractor, by the disapproval of defective work <br />and the issuance of stop-orders from the 0.vner with respect to de fec ti ve <br />procedures, where they are observed, and the Engineer will exercise due <br />diligence to assist the CMner in requiring that the work be done in <br />accordance with plans and specifications; but the Contractor will remin <br />independent contractor with the O/mer, and the Engineer does not guarant~e <br />the performance of such construction contracts. <br /> <br />7. CMnership of Docurrents: Drawings and specifications as In- <br />strurrents of service are the property of the Engineer whether the work <br />on which they are mde be executed or not and the Engineer will retain <br />in his files original drawings and specifications for the work. Upon <br />completion of construction, .:he Engineer shall revise the working <br />drawings in accordance with data furnished by Contractor to shew the <br />Project as constructed and the 0.vner shall be furnished two sets of <br />prints rrade from th~ "Record" drawings. <br /> <br />8. Tennination: This Contract my be terminated at any tine by <br />the OWner, without penal t:y or liabili ty except as may otherwise be <br />specified herein. Payment to the Engineer for services performed prior <br />to date of wri tten tennination will be as provided for in Paragraph 3, <br />Compensa tion to Engineer. <br /> <br />9. Arbitration: No arbitration anslng out of, or relating to <br />this Agreerrent my include, by consolidation, joinder or in any other <br />rranner, any additional party to this Agreerrent. <br /> <br />10. Successors and Assignments: The CMner and the Engineer each <br />binds himself, successors, executors, administrators, and assigns to the <br />other party to this agreerrent, and to the successors, executors, ad- <br />ministrators, and assigns of such other part in respect of all covcnants <br />of this agreerrent. Except as above, neither the Otmer nor the Enljinecr <br />shall assign, sublet or traI1Sfer his interest in this Agreerrent without <br />the written consent of the other. <br /> <br />11. Venue: Venue and jurisdiction of any suite, right or cause of <br />action arising under or in connection with th1S agreerrent shall lie ex- <br />clusi vely in Hays County, Texas. <br /> <br />12. EntLre Agreerrent: This Agreerrent supersedes any and all other <br />agreerrents, either oral or in writing, between the parties with respect <br />to the subject mtter hereof, and no agrecrrent, staterrent, or promise <br />relating to the subject ITatter of the agreement which is not in tlus <br />agreerrent shall be valid or bind1ng. <br /> <br />13. Arren~nts: This Agreerrent my be amended by the mutual agree- <br />rrent of the parties hereto in a writing to be attached to and incorporated <br />into this agreerrent. <br /> <br />This contracts is executed In two counterparts. <br /> <br />7. <br />
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