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O-2002-2602
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O-2002-2602
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Last modified
11/2/2016 3:39:09 PM
Creation date
7/27/2006 8:11:26 AM
Metadata
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Template:
Legislative Records
Legislative Type
Ordinance
Date
12/9/2002
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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 (30) days prior <br />written notice to the other party in the event of substantial failure by the other party to fulfill <br />its obligations 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 or furnished by <br />Engineer (and Engineer's independent professional associates and consultants) pursuant <br />to this Agreement are instruments of service in respect of the Project. The ownership and <br />property interest therein shall be granted to the Owner when the Project is completed. <br />Engineer shall supply a set of reproducible record drawings for the Owner in accordance <br />with Section 1.3.6. Owner may make and retain copies for information and reference in <br />connection with the use and occupancy of the Project by Owner and others; however, <br />such documents are not intended or represented to be suitable for reuse by Owner or <br />others on extensions of the Project or on any other project. Any reuse by Owner without <br />written verification or adaptation by Engineer for the specific purpose intended will be at <br />Owner's sole risk and without liability or legal exposure to Engineer, or to Engineer's <br />independent professional associates or consultants, and Owner shall indemnify and hold <br />harmless Engineer and Engineer's independen.t professional associates and consultants <br />from all claims, damages, losses and expenses including attorneys' fees arising out of or <br />resulting therefrom. Any such verification or adaptation will entitle Engineer to further <br />compensation at rates to be agreed upon by Owner and Engineer. <br /> <br />7.3 INSURANCE <br /> <br />During term of this agreement, Engineer shall maintain levels of insurance as <br />described in Exhibit D. <br /> <br />7.3.1 Engineer shall procure and maintain insurance for protection from claims under <br />worker's compensation acts, claims for damages because of bodily injury, sickness or <br />disease or death of any and all employees or of any person other than such employees, <br />and from claims or damages because of injury to or destruction of property including loss <br />of use resulting therefrom. <br /> <br />7.4 CONTROLLING LAw <br /> <br />This Agreement is to be govemed by the law of the principal place of business of Owner. <br />
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