Res 1995-103 - Laserfiche WebLink

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J;l¡ -1.0- 6.2 The CITY will have access to any books, documents, papers and records of the ENGINEER which are directly pertinent to this proj ect for the purpose of making audit, examination, copying, and transcriptions. ARTICLE 7 OWNERSHIP AND USE OF DOCUMENTS 7.1 Plans, specifications, and other construction contract documents as well as all tracings, and other original documents will -become the property of the CITY whether the proj ect is executed or , aot. However, ENGINEER will not be responsible, and liability is . hereby waived by CITY against ENGINEER, and CITY will indemnify ENGINEER from any and all losses, claims, demands and causes of action resulting from CITY's use of the plans, specifications and construction contract documents other than for the Project as contemplated by those documents. . . ARTICLE 8 TERMINATION OF AGREEMENT 8.1 This Agreement may be terminated by either party upon fifteen (15) days prior written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. . 8.2 This Agreement may be terminated at will by the CITY upon at least fifteen (15) days prior written notice to the ENGINEER. 8.3 In the event of termination as provided in this Article, the ENGINEER will be compensated for all services performed to termination date which are deemed by CITY to be in accordance with this Agreement. Such amount will be paid by the CITY upon the ENGINEER's delivering or otherwise making available to the CITY, all data, drawings, specifications, reports, estimates, summaries, and such other ¡ information and materials as may have been accumulated by the ENGINEER i in performing the services included in this Agreement, whether . ::::ompleted or in progress. The expense of the reproduction of these items will be borne by the CITY. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for any dispute arising under this Agreement ,is in Hays County, Texas. 9.2 As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the subject acts(s) or failure(s) to act. 9.3 The ENGINEER will indemnify the CITY and its employees, agents, officers and servants from any and all lawsuits, claims, demands and causes of action of any kind arising from the negligent or intentional wrongful acts of the ENGINEER, its employees or agents.