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Res 1991-121
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Res 1991-121
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7/20/2007 9:54:53 AM
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7/20/2007 9:54:53 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1991-121
Date
10/14/1991
Volume Book
104
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<br />6.2 The City shall have access to any books, documents, papers <br />and records of the ARCHITECT which are directly pertinent to this <br />Project for the purpose of making audit, examination, copying, and <br />transcriptions. <br /> <br />AR~ICLE 7 <br />O1IRERSHIP .ABD USE OF ])()C'(J]IEIftS <br />7.1 Plans, specifications, and other construction contract <br />documents as well as all tracings, survey notes and other original <br />documents shall become the property of the CITY whether the Project is <br />executed or not. However, ARCHITECT shall not be responsible, and <br />liability is hereby waived by CITY against ARCHITECT, and CITY shall <br />indemnify ARCHITECT from any and all losses, claims, demands and causes <br />of action resulting from CITY's intentional, willful, and wanton <br />illegal use of said plans, specifications and construction contract <br />documents and/or the intentional, willful and wanton illegal use by <br />others if CITY has knowledge of such use by others, and in such event, <br />CITY will exercise its best efforts to notify ARCHITECT of such use by <br />others. <br /> <br />AR"l"ICLE 8 <br />TElUIIRA~IOR OF AGREEJIElift <br />8.1 This Agreement may be terminated by either party upon fifteen <br />(15) days' prior written notice should the other party fail <br />substantially to perform in accordance with its terms through no fault <br />of the party initiating the termination. <br />8.2 This Agreement may be terminated at will by the CITY upon at <br />least fifteen (15) days' prior written notice to the ARCHITECT. <br />8.3 In the event of termination as provided in this Article, the <br />ARCHITECT shall be compensated for all services performed to <br />termination date which are deemed by CITY to be in accordance with this <br />Agreement. Such amount shall be paid by the CITY upon the ARCHITECT's <br />delivering or otherwise making available to the CITY, all data, <br />drawings, specifications, reports, estimates, summaries, and such other <br />information and materials as may have been accumulated by the ARCHITECT <br />in performing the services included in this Agreement, whether <br />completed or in progress. The expense of the reproduction of these <br />items shall be borne by the CITY. <br /> <br />-15- <br />
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