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04-09-12 Regular Meeting of La Porte City Council
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04-09-12 Regular Meeting of La Porte City Council
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4/12/2012 5:06:43 PM
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La Porte TX
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Agenda PACKETS
Date
4/9/2012
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SECTION 7 -GENERAL CONSIDERATION <br />7.1Termination. <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 />7.2Reuse of Documents. <br />All documents including Drawings and Specifications prepared or furnished by <br />ARCHITECT (and ARCHITECT's independent professional associates and consultants) <br />pursuant to this Agreement are instruments of service in respect of the Project. The <br />ownership and property interest therein shall be granted to the OWNER when the Project <br />is completed. ARCHITECT shall supply a set of reproduciblerecord mylardrawings and a <br />scanned DVD setfor the OWNER in accordance with Section 1.3.6. OWNER may make <br />and retain copies for information and reference in connection with the use and occupancy <br />of the Project by OWNER and others; however, such documents are not intended or <br />represented to be suitable for reuse by OWNER or others on extensions of the Project or <br />on any other project. Any reuse by OWNER without written verification or adaptation by <br />ARCHITECT for the specific purpose intended will be at OWNER's sole risk and without <br />liability or legal exposure to ARCHITECT, or to ARCHITECT's independent professional <br />associates or consultants, and OWNER shall indemnify and hold harmless ARCHITECT <br />and ARCHITECT's independent professional associates and consultants from all claims, <br />damages, losses and expenses including attorneys' fees arising out of or resulting <br />therefrom. Any such verification or adaptation will entitle ARCHITECT to further <br />compensation at rates to be agreed upon by OWNER and ARCHITECT. <br />7.3Insurance <br />During term of this agreement, ARCHITECT shall maintain levels of <br />insurance as described in Exhibit D. <br />7.3.1ARCHITECT 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 />7.4Controlling Law <br />This Agreement is to be governed by the law of the principal place of business of OWNER. <br />7.5Successors and Assigns <br />7-1 <br /> <br />
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