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6E(1)
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08-30-12 Packet
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6E(1)
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1/22/2013 7:09:20 PM
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nmediately comply with its terms and take all reasonable steps to minimize the costs <br />ssociated with the services affected by such order. Client, however, shall pay all costs <br />icurred by the suspension, including all costs necessary to maintain continuity <br />nd for the resumption of the services upon expiration of the Suspension of <br />ervices Order. Engineer will not be obligated to provide the same personnel <br />mployed prior to suspension, when the services are resumed, in the event that the <br />eriod of suspension is greater than thirty (30) days. <br />5. ermination: 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 />etermine that termination is in its best interests. Cost of termination, including <br />s laries, overhead and fee, incurred by Engineer either before or after the termination <br />ate shall be reimbursed by Client. <br />6. Documents Delivered to Client: Drawings, specifications, reports, and any other <br />Project Documents prepared by Engineer in connection with any or all of the services <br />furnished hereunder shall be delivered to the Client for the use of the Client. Engineer <br />shall have the right to retain originals of all Project Documents and drawings for its <br />f les. Furthermore, it is understood and agreed that the Project Documents such as, <br />ut not limited to reports, calculations, drawings, and specifications prepared for the <br />roject, whether in hard copy or machine readable form, are instruments of <br />rofessional service intended for one -time use in the construction of this Project. <br />hese Project Documents are and shall remain the property of the Engineer. The <br />lient may retain copies, including copies stored on magnetic tape or disk, for <br />i formation and reference in 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 />mat 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 <br />rawings will generally be the same as the level of detail illustrated by the design <br />rawing used for project construction. If additional detail is requested by the Client to <br />e included on the record drawings, then the Client understands and agrees that the <br />Engineer will be due additional compensation for additional services. <br />is also understood and agreed that because of the possibility that information and <br />ata delivered in machine readable form may be altered, whether inadvertently or <br />therwise, the Engineer reserves the right to retain the original tapes /disks and to <br />move from copies provided to the Client all identification reflecting the <br />evolvement of the Engineer in their preparation. The Engineer also reserves the right <br />retain hard copy originals of all Project Documentation delivered to the Client in <br />iachine readable form, which originals shall be referred to and shall govern in the <br />vent of any inconsistency between the two. <br />he Client understands that the automated conversion of information and data from <br />t e system and format used by the Engineer to an alternate system or format cannot <br />Lie accomplished without the introduction of inexactitudes, anomalies, and errors. In <br />2 <br />
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