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. � ( � � . <br /> hardwaze differing from those used by ADS at the including but not limited to mobilization and <br /> beginning ofthis Project. demobilization,over a potentially variable number of <br /> units, and Owner agrees that each percentage <br /> E. Owner may make and retain copies of reduction in scope will result in a similar increase in <br /> Documents for information and reference in unit price plus an additional ten percent(10%). <br /> connection with use on the Project by Owner. Such <br /> Documents are not intended or represented to be S OS Insurance <br /> suitable for reuse by Owner or others on extensions of <br /> the Work or on any other Work. Any such reuse or A. During the term of this Agreement, ADS <br /> modification without written verification or adaptation shall at all times procure and maintain insurance as <br /> by ADS, as appropriate for the specific purpose set forth in Exhibit D, and upon request of Owner, <br /> intended, will be at Owner's sole risk and without shall furnish certificates evidencing insurance. ADS <br /> liability or legal exposure to ADS or to ADS's shall name Owner as an additional insured for all <br /> Subcontractors. Owner shall indemnify and hold �nsurance set forth in Exhibit D, subject to the terms <br /> harmless ADS and ADS's Subcontractors from all of the agreement. <br /> claims, damages, losses, and expenses, including <br /> attomeys'fees arising out of such use. 5.06 Termination <br /> A. The obligation to provide further services <br /> F. If there is a discrepancy between the electronic under this Agreement may be terminated: <br /> files and the hard copies,the hard copies govern. <br /> 1. For cause, <br /> G. [deleted by agreement of the parties]. <br /> a. By either Party upon thirty(30)days <br /> H. Each Party expressly agrees to include, written notice in the event of substantial <br />, maintain, reproduce, and perpetuate all notices or failure by the other Party to perform in <br /> markin s on all co ies of tan ible medi m ' accordance with the terms hereof through no <br /> g p g a co prising fault ofthe ternunating Party. <br /> each Party's Proprietary or Confidential information in <br /> the manner in which such norices or markings appear <br /> on such tangible media or in the manner in which b. By ADS: <br /> either Party may reasonably request. <br /> 1) upon seven (7) days written <br /> 5.04 Changes notice if ADS believes that ADS is being <br /> A. Either Party reserves the right at any time requested by Owner to fumish or <br /> and without nullifying this Agreement and without perform services contrary to ADS's <br /> notice to the sureties, if any, to request a change in responsibilities;or <br /> the Agreement in the form of additions, deletions,or <br /> revisions in the Work or the manner of its 2) upon seven (7) days written <br /> performance that include but are not limited to notice if ADS's services for the Project <br /> changes: in drawings, designs or specifications; in �'e delayed or suspended for more than <br /> the sequence of ADS's Work; directing acceleration sixty (60) days for reasons beyond <br /> or deceleration in performance of the Work; or ADS's control. <br /> modifying the Agreement Schedule or the Agreement <br /> milestones. Requested changes shall be made in 3) ADS shall have no liability to <br /> writing and shall be signed by the Party's Authorized Owner on account of such termination. <br /> Representative. If the requested changes are agreed <br /> upon by both Parties,upon receipt of any request,the c. Notwithstanding the foregoing, this <br /> Agreement shall be modified as requested in writing. Agreement will not terminate as a result of <br /> Should the Parties disagree on any requested such substantial failure if the Party receiving <br /> changes, the matter may be brought under the such notice begins, within seven (7) days of <br /> disputes clause as stated in section 5.11 hereunder. receipt of such notice,to correct its failure to <br /> perform and proceeds diligently to cure such <br /> B. Should compensation under this agreement failure within no more than thirty(30)days of <br /> provide for the payment of unit prices, the Parties receipt thereof. <br /> recognize that unit pricing compensation 2, For convenience, <br /> arrangements assume the recovery of certain costs, <br /> 4 ADS LLC <br />