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City of Decatur <br /> STRAND Page 6 <br /> ASSaCIATES, INC�' A ril 8� �ooY <br /> E N G I N E E R S � <br /> Termination <br /> This Agreement may be terminated in whole or in part in writing by either party subject to a <br /> two-week notice and the right of the party being terminated to meet and discuss the <br /> termination before the termination takes place. The ENGINEER shall be paid for all <br /> completed services up to the date of termination. <br /> Remedies <br /> Except as may be otherwise in the Agreement, all claims, counterclaims, disputes, and other <br /> matters in question between the OWNER and the ENGINEER, arising out of or relating to <br /> this Agreement or the breech thereof, will be decided first by mediation if the parties hereto <br /> mutually agree or by bench trial with a court of competent jurisdiction within the State of <br /> Illinois. <br /> Indemnification <br /> ENGINEER shall indemnify and hold the OWNER harmless against damages sustained by <br /> OWNER because of bodily injury or damage to property to the extent caused by the willful <br /> misconduct or proven negligence of the ENGINEER in performance of this Agreement. <br /> OWNER shall indemnify, defend, and hold ENGINEER harmless against loss, liability, and <br /> damages to the extent that such loss, liability, or damage is caused by the willful misconduct <br /> or proven negligence of the OWNER. <br /> IN WITNESS WHEREOF the parties hereto have made and executed this Agreement. <br /> ENGINEER: OWNER: <br /> STRAND ASSOCIATES, INC. CITY OF DECATUR <br /> ��, <br /> ¢/a/�� �—.�i"���.u.� ��.���-- <br /> Ro er H. Huchthausen Date Paul Osborne Date � <br /> Corparate Secretary Mayor �/ /� CF� <br /> ATTE : <br /> � � <br /> ���� ��-Z� <br /> Celeste F. Harris Date � <br /> City Clerk G� �T �'. <br /> SPZ:pll\S:\(u�Sai\601--650\624\031\Wrd\Strand Decatur Agreementdoc <br />