Res 1991-001 - Laserfiche WebLink

Home Browse Search

AR~ICLB 3 PADmIr.r5 m 'r.IIE CORSULTAIiT 3.1 PaYments for services shall be made to the CONSULTANT on a monthly basis, following receipt by OWNER of CONSULTANT'S invoice therefor by the fifth (5th) day of each month for work done the previous month, in the amounts set forth in Paragraph 8.1. 3.2 pROJEC'.r SUSPEIISIOR OR TERIUBA~IOR If the Project is suspended or abandoned in whole or in part for more than six (6) months, the CONSULTANT shall be compensated for all services performed prior to receipt of written notice from the OWNER of such suspension or abandonment. AR"rICLE 4 TERIURA TI OB OF AGREEJŒRT 4.1 This Agreement may be terminated at will by the OWNER upon at least fifteen (15) days' prior written notice to the CONSULTANT. 4.2 In the event of termination as provided in this Article, the CONSULTANT shall be compensated for all services performed to the termination date which are deemed by OWNER to be in accordance with this Agreement. Such amount shall be paid by the OWNER upon the CONSULTANT'S delivering or otherwise making available to the OWNER, all data, 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. AR~ICLB 5 1U5CELLA1ŒOUS PROVISIORS 5.1 CONSULTANT shall provide all services under the terms of this Agreement as an independent contractor of the City of San Marcos. 5.2 The CONSULTANT hereby agrees to hold harmless, defend, and indemnify the OWNER against all claims which OWNER may at any time sustain arising from work performed hereunder including, but not limited to any negligent act or omission of the OWNER, its officers, employees, agents or assigns. 5.3 In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin, age or physical handicap. 5.4 All references in this Agreement to any particular gender are for convenience only and shall be construed and interpreted to be of the neuter gender. 5.5 Should any provision herein be deemed to be invalid by a court of competent jurisdiction, this Agreement shall be construed as not containing the provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 5.6 All services provided pursuant to this Agreement are for the exclusive use and benefit of OWNER.