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No. 2803 approving/authorizing the execution of an addendum to the Master Agency Agreement (1503/1505 Prairie Ave. - demolition planning project)
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No. 2803 approving/authorizing the execution of an addendum to the Master Agency Agreement (1503/1505 Prairie Ave. - demolition planning project)
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10/18/2012 12:44:20 PM
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G <br />resumption of the services upon expiration of the Suspension of Services Order. <br />Engineer will not be obligated to provide the same personnel employed prior to <br />suspension, when the services are resumed, in the event that the period of suspension <br />is greater than thirty (30) days. <br />5. Termination: This Agreement may be terminated by either party upon thirty (30) days <br />written notice in the event of substantial failure by the other party to perform in <br />accordance with the terms hereof through no fault of the terminating party. This <br />Agreement may be terminated by Client, under the same terms, whenever Client shall <br />determine that termination is in its best interests. Cost of termination, including salaries, <br />overhead and fee, incurred by Engineer either before or after the termination date shall <br />be reimbursed by Client. <br />6. Documents Delivered to Client: Drawings, specifications, reports, and any other Project <br />Documents prepared by Engineer in connection with any or all of the services furnished <br />hereunder shall be delivered to the Client for the use of the Client. Engineer shall have <br />the right to retain originals of all Project Documents and drawings for its files. <br />Furthermore, it is understood and agreed that the Project Documents such as, but not <br />limited to reports, calculations, drawings, and specifications prepared for the Project, <br />whether in hard copy or machine readable form, are instruments of professional service <br />intended for one -time use in the construction of this Project. These Project Documents <br />are and shall remain the property of the Engineer. The Client may retain copies, <br />including copies stored on magnetic tape or disk, for information and reference in <br />connection with the occupancy and use of the Project. <br />When and if record drawings are to be provided by the Engineer, Client understands <br />that information used in the preparation of record drawings is provided by others and <br />Engineer is not responsible for accuracy, completeness, nor sufficiency of such <br />information. Client also understands that the level of detail illustrated by record drawings <br />will generally be the same as the level of detail illustrated by the design drawing used for <br />project construction. If additional detail is requested by the Client to be included on the <br />record drawings, then the Client understands and agrees that the Engineer will be due <br />additional compensation for additional services. <br />It is also understood and agreed that because of the possibility that information and data <br />delivered in machine readable form may be altered, whether inadvertently or otherwise, <br />the Engineer reserves the right to retain the original tapes /disks and to remove from <br />copies provided to the Client all identification reflecting the involvement of the Engineer <br />in their preparation. The Engineer also reserves the right to retain hard copy originals of <br />all Project Documentation delivered to the Client in machine readable form, which <br />originals shall be referred to and shall govern in the event of any inconsistency between <br />the two. <br />The Client understands that the automated conversion of information and data from the <br />system and format used by the Engineer to an alternate system or format cannot be <br />accomplished without the introduction of inexactitudes, anomalies, and errors. In the <br />event Project Documentation provided to the Client in machine readable form is so <br />converted, the Client agrees to assume all risks associated therewith and, to the fullest <br />2 <br />
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