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HPC Minutes 1980-1981
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HPC Meeting Minutes 1981
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HPC Minutes 1980-1981
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South Bend HPC
HPC Document Type
Minutes
BOLT Control Number
1001490
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~ <br />V|| Changes <br />The Commission may, from time to time, request changes in the scope of <br />services of the Historic Preservation Planner to be performed under this <br />Agreement. Such changes, including any increase or decrease in the amount <br />o -F tFa Historic Preservation Planner's compensation, which are mutually <br />agreed upon by and between the Commission and the Historic Preservation <br />Planner, shall be incorporated in written amendments to this Agreement. <br />V/||, Termination of Agreement for Cause <br />if, through any cause, the Historic Preservation Planner shall hail to <br />fulfill in timely and proper manner his obligations under this Agreement, <br />or if the Historic Preservation Planner shall violate any of the covenants, <br />agreements, or stipulations of this Agreement, the Commission shall there- <br />upon have the right to terminate this Agreement by giving written notice <br />t(, the Historic Preservation Planner of such termination and specifying <br />the effective date thereof, at least five /51 days before the effective <br />Oita of such termination. In that event, all finished or unfinished re- <br />ports, information, photographs, documents, studies, drawings, maps or <br />other information prepared for by the Historic Preservation Planner under <br />this Agreement shall become the property of the Commission and the His- <br />toric Preservation Planner shall be entitled to receive compensation in <br />proportion to the amount of work hours completed. <br />Nothwithstanding the above, the Historic Preservation Planner shall not <br />Da relieved of liability to the Commission for damages sustained by the <br />Commission by virtue of any breach of the Agreement by the Historic Pres- <br />ervation Planner for the purpose of setoff until such time as the exact <br />amount of damages due the Commission from the Historic Preservation Plan- <br />ner are determined. <br />IX. Termination for the Convenience of the Commission <br />The Commission may terminate this Agreement at any time by giving written <br />notice to the Historic Preservation Planner of such termination and specl- <br />fy~ng the effective data thereof, at least fifteen (15) working days be- <br />fc�rm the effective date of such termination. In that event" all finished <br />or unfinished materials as.described in Section V||| above shall become <br />-ho property of the Commission. <br />If the Agreement is terminated by the Commission as provided herein, the <br />Planner will be compensated for the amount of work performed up to the <br />termination date, plus any accrued vacation time, plus an additional <br />aroumt equivalent to compensation for two week's work. <br />`- Termination for he Convenience of the Historic <br />_ <br />'he Historic Preservation Planner may terminate this Agreement at any <br />time by giving written notice to the Commission of such termination and <br />specifying the effective date thereof, at least fifteen (15) working days <br />Lefore the effective date of termination. In that event, all finished <br />jr unfinished materials as described in Section V||| above shall become <br />the property of the Commission. <br />If the Agreement is terminated by the Historic Preservation Planner as -- <br />provided herein, the Planner will be compensated for the amount of work <br />performance up to the termination data, plus any accrued vacation time. <br />X|. Responsibility for <br />The Historic Preservation Planner shall be solely responsible for all <br />damage to life and property due to the activities of the Historic Preser- <br />vation Planner in connection with such services, and shall be soley <br />responsible for all parts of his work, until the services under this Agree - <br />mart cre declared accepted by the Commission. It is expressly understood <br />0at the Historic Preservation Planner shall indemnify and save harmless <br />+-ha Commission from claims, suits, actions, damages, and costs of every <br />name and description arising out of or resulting from the services of the <br />Historic Preservation Planner under this Agreement, and such indemnity <br />shall no'.- be limited by reason of enumeration of any insurance coverage, <br />hi�.eYnaftar provided. <br />
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