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materials developed for this project, are and shall be the property of Owner. However, any reuse <br /> of the documents by Owner without the prior written authorization by Design Professional other <br /> than for specific intended purpose of this Agreement will be at Owner's sole risk without liability or <br /> legal exposure to Design Professional. Design Professional will provide Owner with a ten (10) day <br /> written notice prior to disposal of project documents it has retained during which time Owner may <br /> take physical possession of same at the storage site. <br /> ARTICLE 12-OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY <br /> Except as otherwise provided in this Article, engineering documents, drawings, and specifications <br /> prepared by Design Professional as part of the Services shall become the property of Owner. <br /> However, Design Professional shall have the unrestricted right to their use. Design Professional <br /> shall retain its rights in its standard drawing details, specifications, data bases, computer software, <br /> and 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 cure <br /> 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 performance <br /> of the Services on a schedule acceptable to Owner. If termination or suspension is for Owner's <br /> convenience, Owner shall pay Design Professional for all the Services performed and termination <br /> or suspension expenses. Upon restart, an equitable adjustment shall be made to Design <br /> Professional's compensation. <br /> 5 <br /> s�w:o�er�cay a o�a�.a��.doo <br /> �n uoo <br />