Laserfiche WebLink
Professional shall have the unrestricted right to their use. Design Professional shall,however, <br /> retain its rights in its standard drawing details, specifications, data bases, computer software, and <br /> other proprietary property. Rights to intellectual property developed, utilized, or modified in the <br /> performance of the Services shall remain the property of Design Professional. <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 Design Professional. Design Professional shall terminate or suspend <br /> performance of the Services on a schedule acceptable to Owner. If termination or suspension is <br /> for Owner's convenience, Owner shall pay Design Professional for all the Services performed <br /> and termination or suspension expenses, including, but not limited to, demobilization, <br /> remobilization and cancellation charges. Upon restart, an equitable adjustment shall be made to <br /> Design Professional's compensation. <br /> ARTICLE 14 -DELAY IN PERFORMANCE <br /> Except for Owner's payment obligation,neither Owner nor Design Professional shall be <br /> considered in default of this Agreement for delays in performance caused by circumstances <br /> beyond the reasonable control of the non-performing party. For purposes of this Agreement, <br /> such 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 Design <br /> Professional under this Agreement. <br /> 7 <br /> SLW:Decatur/City of Decatur Agreement I.ake Decatur <br /> 83104 700 <br /> 03/OS/02 <br />