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Should such circumstances occur,the non-performing party shall,within a reasonable time 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. Design Professional sha11 be entitled to an equitable adjustment <br /> in schedule and compensation in the event such circumstances occur. <br /> ARTICLE 15 -PRE-EXISTING CONTAMINATION <br /> Anything herein to the contrary notwithstanding,title to, ownership of, and legal responsibility <br /> and liability for any and a11 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 Pro'ect site or sites concern <br /> � ed which was not brought onto such site or sites by Design <br /> Professional for the exclusive benefit of Design Professional. Owner shall release, defend, <br /> indemnify, and hold Design Professional harmless from and against any and all liability which <br /> may in any manner arise from or be in any way directly or indirectly caused by such pre-existing <br /> contamination except if, and then only to the extent, such liability is caused by Design <br /> Professional'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 <br /> specified below: <br /> Design Professional: Black&Veatch Corporation <br /> 8400 Ward Parkway <br /> Kansas City, Missouri 64114 <br /> Attn: Daniel W. McCarthy, Senior Vice President <br /> Owner: City of Decatur, Illinois <br /> #1 Gary K. Anderson Plaza <br /> Decatur, Illinois 62523-1196 <br /> Attn: Keith Alexander, Director of Water Management <br /> Nothing contained in this Article shall be construed to restrict the transmission of routine <br /> communications between representatives of Design Professional and Owner. <br /> 8 <br /> SLW:DecatudCiry of Decatur Agreement Lake Decatur <br /> 83104.700 <br /> 03/OS/02 <br />