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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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5/31/2011 3:43:45 PM
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• <br />4. Ownership of Documents <br />All deliverable documents, including tracings, drawings, reports, estimates, <br />specifications, field notes, investigations, studies, etc., as instruments of service, are to <br />be the property of the OWNER upon payment of all sums due to the ENGINEER. The <br />ENGINEER shall be entitled to keep copies. During the performance of the services, <br />herein provided for, the ENGINEER shall be responsible for any loss or damage to the <br />documents which he caused, herein enumerated, while they are in his possession and <br />any such loss or damage shall be restored at his expense. Full access to the work <br />during the progress of the work shall be available to the OWNER. <br />5. Access to Records <br />The ENGINEER and his subcontractors shall maintain all books, documents, <br />papers, accounting records and other evidence pertaining to the cost incurred and shall <br />make such materials available at its respective offices at all reasonable times during the <br />period of this Agreement and for three (3) years from the date of final payment under <br />the terms of this Agreement, for inspection by the OWNER and copies thereof shall be <br />furnished if requested. <br />6. Compliance with State and Other Laws <br />The ENGINEER specifically agrees that in performance of the services herein <br />enumerated by him or by a subcontractor or anyone acting in behalf of either, that he or <br />they will comply with any and all State, Federal, and Local Statutes, Ordinances and <br />Regulations and obtain all permits that are applicable to the entry into and the <br />performance of this Agreement. This Agreement shall be interpreted and enforced <br />according to the laws of the State of Indiana. ENGINEER acknowledges that it may be <br />required to submit to an audit of funds paid through this Agreement. Any such audit <br />shall be conducted in accordance with standards applicable to the Indiana State Board <br />of Accounts. <br />7. Responsibility for Claims and Liabilities <br />The ENGINEER shall be responsible for all damage to life and property due to <br />negligent activities of the ENGINEER, his subcontractors, agents, or employees in <br />connection with such services, and shall be responsible for all parts of his work both <br />temporary and permanent. It is expressly understood that the ENGINEER shall <br />indemnify and hold harmless the OWNER from claims, suits, actions, damages, and <br />costs of every name and description to the proportionate extent arising out of or <br />resulting from the negligent services of the ENGINEER under this Agreement, and such <br />indemnity shall not be limited by reason of the enumeration of any insurance coverage <br />hereinafter provided. <br />Page 3 of 8 <br />
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