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R2003-85 AUTHORIZING THE EXECUTION OF CONTINUING AGREEMENT
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R2003-85 AUTHORIZING THE EXECUTION OF CONTINUING AGREEMENT
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1/13/2016 4:23:37 PM
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Resolution/Ordinance
Res Ord Num
R2003-85
Res Ord Title
AUTHORIZING THE EXECUTION OF CONTINUING AGREEMENT FOR ENGINEERING SERVICES
Approved Date
6/16/2003
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� Should such circumstances occur the non- erformin shall within a reasonable time I <br /> , p g party , of <br /> being prevented from performing, give written notice to the other party describing the <br /> circumstances preventing continued performance and the efforts being made to resume <br /> performance of this Agreement. Engineer shall be entitled to an equitable adjustment in schedule I <br /> and compensation in the event such circumstances occur. I� <br /> ARTICLE 15 -PRE-EXISTING CONTAMINATION I' <br /> Anything herein to the contrary notwithstanding,title to, ownership of, and legal responsibility <br /> and liability for any and all pre-existing contamination shall at all times remain with Owner. <br /> "Pre-existing contamination" is any hazardous or toxic substance, material, or condition present <br /> at the Project site or sites concerned which was not brought onto such site or sites by Engineer <br /> for the exclusive benefit of Engineer. Owner shall release, defend, indemnify, and hold Engineer <br /> harmless from and against any and all liability which may in any manner arise from or be in any <br /> way directly or indirectly caused by such pre-existing contamination except if, and then only to <br /> the extent, such liability is caused by Engineer's sole negligence or willful misconduct. <br /> ARTICLE 16 - COMMUNICATIONS <br /> Any communication required by this Agreement shall be made in writing to the address specified <br /> below: <br /> Engineer: Mr. John R. Schilling, P.E. <br /> Black& Veatch Corporation <br /> 1415 Elbridge Payne Road, Suite 200 <br /> Chesterfield, MO 63017 <br /> Owner: Mr. Keith D. Alexander <br /> Director of Water Management <br /> #1 Gary K. Anderson Plaza <br /> Decatur, IL 62523-1196 <br /> Nothing contained in this Article shall be construed to restrict the transmission of routine <br /> communications between representatives of Engineer and Owner. <br /> 9 <br /> City of Decatur,IL OS-30-03 <br />
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