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Res 1994-160
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Res 1994-160
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7/2/2007 9:24:19 AM
Creation date
7/2/2007 9:24:19 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1994-160
Date
10/24/1994
Volume Book
117
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<br /> ¿OJ <br /> -11- <br /> ARTICLE 7 <br /> OWNERSHIP .AND USE OF DOCUMENTS <br />7.1 Plans, specifications, and other construction contract <br />documents as well as all tracings, and other original documents <br />will become the property of the CITY whether the Project is <br />executed or not. However, ARCHITECT will not be responsible, and <br />liability is hereby waived by CITY against ARCHITECT, and CITY <br />will indemnify ARCHITECT from any and all losses, claims, demands <br />and causes of action resulting from CITY's use of the plans, <br />specifications and construction contract documents other than for <br />the Project as contemplated by those documents. <br /> ARTICLE 8 <br /> TERMINATION OF AGREEMENT <br />8.1 This Agreement may be terminated by either party upon <br />fifteen (15) days prior written notice should the other party fail <br />substantially to perform in accordance with its terms through no <br />fault of the party initiating the termination. <br />8.2 This Agreement may be terminated at will by the CITY <br />upon at least fifteen (15) days prior writtan notice to the <br />ARCHITECT. <br />8.3 In the event of termination as provided in this Article, <br />the ARCHITECT will be compensated for all services performed to <br />termination date which are deemed by CITY to be in accordance with <br />this Agreement. Such amount will be paid by the - CITY upon the <br />ARCHITECT's delivering or otherwise making available to the CITY, <br />all data, drawings, specifications, reports, estimates, summaries, <br />and such other information and materials as may have been <br />accumulated by the ARCHITECT in performing the services included <br />in this Agreement, whether completed or in progress. The expense <br />of the reproduction of these items will be borne by the CITY. <br /> ARTICLE 9 <br /> MISCELLANEOUS PROVISIONS <br />9.1 This Agreement is governed by the law of the State of <br />Texas. Exclusive venue for any dispute arising under this <br />Agreement is in Hays County, Texas. <br />9.2 As to all acts or failures to act by either party to <br />this Agreement, any applicable statute of limitations will <br />commence to run and any alleged cause of action will be deemed to <br />have accrued when the party commencing the cause of action knew or <br />should have known of the existence of the subj ect acts (s) or <br />failure{s) to act. <br />9.3 The ARCHITECT will indemnify the CITY and its employees, <br />agents, officers and servants from any and all lawsuits, claims, <br />demands and causes of action of any kind arising from the <br />
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