Res 1994-090 - Laserfiche WebLink

Home Browse Search

/oqp 6.2 The CITY, the FAA and the Comptroller-General of the United States will have access to any books, documents, papers and records of the CONSULTANT's which are directly pertinent to this Project 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, survey notes, sketches, charts and other original documents prepared or obtained under the terms of this Agreement will become the property of the CITY whether the Project is executed or not. However¡ CONSULTANT will not be responsible¡ and liability is hereby waived by CITY against CONSULTANT, and CITY will indemnify CONSULTANT from any and all losses¡ claims¡ demands and causes of action resulting from CITY's intentional, willful, and wanton illegal use of said plans, specifications and construction contract documents. ARTI CLE 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 CONSULTANT. 8.3 In the event of termination as provided in this Article, the CONSULTANT 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 CONSULTANT'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 CONSULTANT in performing the services included in this Agreement, whether completed or in progress. The , expense of the reproduction of these items will be borne by 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. -17-