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- their use. Engineer shall, however, retain its rights in its standard drawing details, specifications, <br /> data bases, computer softwaxe, and other proprietary property. Rights to intellectual property <br /> developed, utilized, or modified in the performance of the Services shall remain the property of <br /> Engineer. <br /> ARTICLE 13 - TERMINATION <br /> This Agreement may be terminated by either party upon written notice in the event of substantial <br /> failure by the other party to perform in accordance with the terms of this Agreement. The <br /> nonperforming party shall have fifteen calendar days from the date of the termination notice to <br /> cure or to submit a plan for cure acceptable to the other party. <br /> Owner may terminate or suspend performance of this Agreement for Owner's convenience upon <br /> written notice to Engineer. Engineer shall terminate or suspend performance of the Services on a <br /> schedule acceptable to Owner. If termination or suspension is for Owner's convenience, Owner <br /> shall pay Engineer for all the Services performed and termination or suspension expenses, <br /> including, but not limited to, demobilization, remobilization and cancellation charges. Upon <br /> restart, an equitable adjustment shall be made to Engineer's compensation. <br /> ARTICLE 14 - DELAY IN PERFORMANCE <br /> Except for Owner's payment obligation, neither Owner nor Engineer shall be considered in <br /> default of this Agreement for delays in performance caused by circumstances beyond the <br /> reasonable control of the non-performing party. For purposes of this Agreement, such <br /> circumstances include, but are not limited to: unusually severe weather conditions; floods; <br /> earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work <br /> slowdowns, and other labor disturbances; sabotage;judicial restraint; and inability to procure <br /> permits, licenses, or authorizations from any local, state, or federal agency for any of the <br /> supplies, materials, accesses, or services required to be provided by either Owner or Engineer <br /> under this Agreement. <br /> 8 <br /> City of Decatur,IL OS-30-03 <br />