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No. 2687 approving/authorizing the execution of an addendum to the Master Agency Agreement (Trade Drive Project)
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No. 2687 approving/authorizing the execution of an addendum to the Master Agency Agreement (Trade Drive Project)
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10/18/2012 12:55:18 PM
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10. Progress Re orts <br />The ENGINEER shall submit a monthly Progress Report to the OWNER. <br />11. Chan es in the Work <br />In the event the OWNER requires changes in the work, after the work has <br />progressed as directed by the OWNER, adjustments in compensation to the <br />ENGINEER, and in time for performance of the work as modified, shall be determined <br />by the OWNER in consultation with ENGINEER and the ENGINEER shall not <br />commence the change of scope of the work until a supplemental agreement is executed <br />within ninety (90) days of the change and the ENGINEER is authorized in writing by the <br />OWNER. <br />12. Termination <br />The obligation to provide further services under this Agreement may be <br />terminated by either party upon thirty (30) days' written notice from receipt in the event <br />of substantial failure by the other party to perform in accordance with the terms hereof <br />through no fault of the terminating party. If the services of this Agreement are <br />terminated, the ENGINEER shall deliver to the OWNER all data, reports, drawings, <br />specifications and estimates completed or partially completed and these shall become <br />the property of the OWNER, provided the ENGINEER has been paid for work <br />performed as defined in the remainder of this paragraph. The earned value of the work <br />performed shall be based upon an estimate of the portions of the total services as have <br />been rendered by the ENGINEER to the date of termination and which estimate shall be <br />as made by the OWNER in consultation with ENGINEER for all services to be paid for <br />on a lump sum basis. <br />13. Non - Discrimination <br />Pursuant to I.C. 22- 9 -1 -10, the ENGINEER and his subcontractors, if any, shall <br />not discriminate against any employee or applicant for employment, to be employed in <br />the performance of the work under this Agreement, with respect to hire, tenure, terms, <br />conditions or privileges of employment or any matter directly or indirectly related tc <br />employment, because of race, color, religion, sex, handicap, national origin or ancestry. <br />Breach of this covenant may be regarded as a material breach of the Agreement. <br />14. Limitation of Liability <br />No employee of the ENGINEER shall have individual liability to OWNER. <br />OWNER agrees that, to the fullest extent permitted by law, ENGINEER's total liability to <br />OWNER for any injuries, claims, losses, expenses or damages whatsoever arising out <br />of or in any way related to the Project or this Agreement from any causes including, but <br />not limited to, ENGINEER's negligence, error, omissions, strict liability, or Breach of <br />contract shall not exceed the total compensation received by the ENGINEER under this <br />Agreement. If OWNER desires a limit of liability greater than provided above, OWNER <br />Page 5 of 8 <br />
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