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Any files delivered in electronic media may not work on systems and software different than <br /> those with which they were originally produced. Engineer makes no warranty �s to the <br /> compatibility of these files with any other system or software. Because of the potential <br /> degradation of electronic medium over time, in the event of a conflict between the sealed original <br /> drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. <br /> ARTICLE 12 - OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY <br /> Project specific engineering documents, drawings, and specifications prepared by Engineer as <br /> part of the Services shall become the property of Owner when Engineer has been compensated <br /> for all Services rendered, provided, however, that Engineer shall have the unrestricted right to <br /> their use. Engineer shall, however, retain its rights in its standard drawing details, specifications, <br /> data bases, computer software, 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 /> 7 <br /> SLW:Dccawr/Ci�y of Dccawr Agrccmrn� <br /> �1(Y1.94R5 <br /> 4/3fl)1 <br />