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O-1999-2346
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O-1999-2346
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Last modified
11/2/2016 3:39:02 PM
Creation date
7/25/2006 2:25:21 PM
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Legislative Records
Legislative Type
Ordinance
Date
7/26/1999
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<br />e <br /> <br />e <br /> <br />SECTION 7 - GENERAL CONSIDERATION <br /> <br />7.1 Termination. <br /> <br />This Agreement may be terminated by either party upon thirty <br />(30) days prior written notice to the other party in the event of <br />substantial failure by the other party to fulfill its obligations <br />under this Agreement through no fault of the terminating party. <br /> <br />7.2 Reuse of Documents. <br /> <br />All documents including Drawings and Specifications prepared <br />or furnished by ARCHITECI' (and ARCHITECT's independent professional <br />associates and consultants) pursuant to this Agreement are <br />instruments of service in respect of the proj ect . The ownership <br />and property interest therein shall be granted to the OWNER when <br />the Project is completed. ARCHITECT shall supply a set of <br />reproducible record drawings for the OWNER in accordance with <br />Section 1.3. 6 . OWNER may make and retain copies for information <br />and reference in connection with the use and occupancy of the <br />proj ect by OWNER and others; however, such documents are not <br />intended or represented to be suitable for reuse by OWNER or others <br />on extensions of the Project or on any other project. Any reuse by <br />OWNER without written verification or adaptation by ARCHITECT for <br />the specific purpose intended will be at OWNER's sole risk and <br />without liability or legal exposure to ARCHITECT, or to ARCHITECT's <br />independent professional associates or consultants, and OWNER shall <br />indemnify and hold harmless ARCHITECT and ARCHITECT's independent <br />professional associates and consultants from all claims, damages, <br />losses and expenses including attorneys' fees arising out of or <br />resulting therefrom. Any such verification or adaptation will <br />enti tIe ARCHITECT to further compensation at rates to be agreed <br />upon by OWNER and ARCHITECT. <br /> <br />7.3 Insurance <br /> <br />During term of this agreement, ARCHITECT shall maintain <br />levels of insurance as described in Exhibit D. <br /> <br />7.3.1ARCHITECT shall procure and maintain insurance for protection <br />from claims under worker's compensation acts, claims for damages <br />because of bodily injury, sickness or disease or death of any and <br />all employees or of any person other than 'such employees, and from <br />claims or damages because of injury to or destruction of property <br />including loss of use resulting therefrom. <br /> <br />7.4 Controlling Law <br /> <br />This Agreement is to be governed by the law of the principal place <br />of business of OWNER. <br /> <br />7-1 <br />
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