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O-1998-2231
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O-1998-2231
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Last modified
11/2/2016 3:39:00 PM
Creation date
7/25/2006 4:53:05 PM
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Template:
Legislative Records
Legislative Type
Ordinance
Date
4/13/1998
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<br />e <br /> <br />e <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 />7.5 Successors and Assigns <br /> <br />7 .5 . 1 OWNER and ARCHITECT each is hereby bound and the partners, <br />successors, executors, administrators and legal representatives of <br />OWNER and ARCHITECT (and to the extent permitted by paragraph 7.5.2 <br />the assigns of OWNER and ARCHITECT) are hereby bound to the other <br />party to this Agreement and to the partners, successors, executors, <br />administrators and legal representatives (and said assigns) of such <br />other party, in respect of all covenants, agreements and <br />obligations of this Agreement. <br /> <br />7.5.2Neither OWNER nor ARCHITECT shall assign, sublet or transfer <br />any rights under or interest in (including, but without limitation, <br />moneys that may become due or moneys that are due) this Agreement <br />without the written consent of the other, except to the extent that <br />any assignment, subletting or transfer is mandated by law or the <br />effect of this limitation may be restricted by law. Unless <br />specifically stated to the contrary in any written consent to an <br />assignment, no assignment will release or discharge the assignor <br />from any duty or responsibility under this Agreement. Nothing <br />contained in this paragraph shall prevent ARCHITECT from employing <br />such independent professional associates and consultants as <br />ARCHITECT may deem appropriate to assist in the perfonnance of <br />basic services hereunder. <br /> <br />7 .5 .3 Nothing under this agreement shall be construed to give any <br />rights or benefits in this Agreement to anyone other than OWNER and <br />ARCHITECT, and all duties and responsibilities undertaken pursuant <br />to this Agreement will be for the sole and exclusive benefit of <br />OWNER and ARCHITECT and not for the benefit of any other party. <br /> <br />7.6 Dispute Resolution <br /> <br />7.6.1 The parties will attempt in good faith to resolve any <br />controversy or claim arising out of or relating to this agreement <br />promptly by negotiation between senior executives of the parties <br />who have authority to settle the controversy. <br /> <br />7.6.2 The disputing party shall give the other party written notice <br />of the dispute. Within ten days after receipt of said notice, the <br />receiving party shall submit to the other a written response. The <br />notice and response shall include (a) a statement of each party's <br /> <br />7-2 <br />
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