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Res 1995-223
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Res 1995-223
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6/28/2007 8:26:09 AM
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6/28/2007 8:26:09 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1995-223
Date
12/11/1995
Volume Book
121
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<br /> 13{)£ <br /> records of the CONSTRUCTION MANAGER which are directly pertinent to this Project for <br /> the purpose of making audit, examination, copying, and transcriptions, <br /> ARTICLE 6 <br /> OWNERSHIP AND USE OF DOCUMENTS <br /> 6.1 Plans, specifications, and other construction contract documents as well as all <br /> tracings, and other original documents will become the property of the CITY whether the <br /> Project is executed or not. However, CONSTRUCTION MANAGER will not be responsible, <br /> and liability is hereby waived by CITY against CONSTRUCTION MANAGER, and CITY will <br /> indemnify CONSTRUCTION MANAGER from any and all losses, claims, demands and <br /> causes of action resulting from CITY's use of the plans, specifications and construction <br /> contract documents other than for t~e Project as contemplated by those documents, <br /> ARTICLE 7 <br /> TERMINATION OF AGREEMENT <br /> 7.1 The term of this Agreement begins upon its execution by both parties, and ends <br /> upon the CITY's acceptance of all completed Construction Projects comprising the <br /> Program, and the completion of all services specified in this Agreement. <br /> 7.2 This Agreement may be terminated by either party upon 15 days prior written notice <br /> should the other party fail substantially to perform in accordance with its terms through no <br /> fault of the party initiating the termination, <br /> 7.3 This Agreement may be terminated at will by the CITY upon at least 15 days prior <br /> written notice to the CONSTRUCTION MANAGER. <br /> 7.4 In the event of termination as provided in this Article, the CONSTRUCTION <br /> MANAGER will be compensated for all services performed to termination date which are <br /> deemed by CITY to be in accordance with this Agreement. Such amount will be paid by <br /> the CITY upon the CONSTRUCTION MANAGER's delivering or otherwise making <br /> available to the CITY all data, drawings, specifications, reports, estimates, summaries, and <br /> such other information and materials as may have been accumulated by the <br /> CONSTRUCTION MANAGER in performing the services included in this Agreement, <br /> whether completed or in progress, The expense of the reproduction of these items will be <br /> borne by the CITY. <br /> ARTICLE 8 <br /> INSURANCE AND INDEMNITY <br /> 8.1 The CONSTRUCTION MANAGER will indemnify the CITY and its employees, <br /> agents, officers and servants from any and all lawsuits, claims, demands and causes of <br />
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