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Res 1980-069
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Res 1980-069
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Last modified
3/10/2008 10:39:13 AM
Creation date
8/21/2006 10:18:35 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1980-69
Date
9/22/1980
Volume Book
54
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<br />I <br /> <br />I <br /> <br />I <br /> <br />ARTICLE VII <br />OWNERSHIP OF DOCUMENTS <br /> <br />All documents including the original drawings, estimates, <br />specifications, field notes and data, will remain the property of <br />Engineer as instruments of service. However, it is to be under- <br />stood that the City shall have free access to all such information <br />with the right to m~ke and retain copies of 'drawings and all <br />other documents including field notes and data. This in no <br />way excuses the Engineer from furnishing the City with two copies <br />of plans corrected to the actual project as constructed. <br /> <br />ARTICLE VIII <br />AGREEMENT NOT ASSIGNABLE <br /> <br />This Agreement shall not be assignable in whole or in part <br />without the consent of City. Engineer binds himself, successors, <br />executors, administrators and assigns to City and to successors <br />or assigns of City in respect to all covenants of this Agreement <br />and City binds itself, its successors and assigns to Engineer in <br />respect to all covenants of this Agreement. <br /> <br />ARTICLE IX <br />TERMINATION OF AGREEMENT <br /> <br />In connection with all the work outlined or contemplated <br />above, it is agreed that City or Engineer may cancel or terminate <br />this agreement immediately upon written notice to the other party. <br />Upon receipt of any such notice, Engineer shall, unless the notice <br />directs otherwise, immediately discontinue all services in <br />connection with the performance of this agreement and shall pro- <br />ceed to cancel promptly all existing orders and contracts insofar <br />as such orders or contracts are charged to this agreement. As <br />soon as practicable after receipt of notice of termination, Engineer <br />shall submit a statement, showing in detail the services performed <br />under this agreement to the date of termination. The City shall <br />then pay Engineer promptly that proportion of the prescribed fee <br />which the services actually performed under this agreement bear <br />to the total services called for under this agreement, less such <br />payments on account of the fee as have been previously made. <br />Copies of all completed or partially completed designs, plans and <br />specifications prepared under this agreement shall be delivered to <br />City when and if this agreement is terminated. <br /> <br />ARTICLE X <br />V:ENUE <br /> <br />Venue and jurisdiction of any suit, right or cause of action <br />arising under or in connection with this Agreement shall lie ex- <br />clusively in Hays County, Texas. <br /> <br />ARTICLE XI <br />EMPLOYMENT PRACTICES <br /> <br />The Engineer shall be in compliance with equal employment <br />opportunity, affirmative action, and non-discriminating regulations, <br />as mandated by federal authority. <br /> <br />7 <br />
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