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R99-176 AUTHORIZING THE EXECUTION OF AN AGREEMENT
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R99-176 AUTHORIZING THE EXECUTION OF AN AGREEMENT
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4/7/2016 9:45:46 AM
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Resolution/Ordinance
Res Ord Num
R99-176
Res Ord Title
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENGINEERING SERVICES FOR NITRATE DESIGN, CITY PROJECT 9953
Approved Date
10/18/1999
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' � intended purpose of this Agreement will be at Owner's sole risk without liability or legai exposure to <br /> Engineer. Engineer will provide Owner with a ten (10)day written notice prior to disposal of project <br /> documents it has retained during which time Owner may take physical possession of same at the <br /> 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 Engineer as part of the Services shall become the property of Owner. However, <br /> Engineer shall have the unrestricted right to their use. Engineer shall retain its rights in its standard <br /> drawing details, specifications, data bases, computer software, and other proprietary property. <br /> Rights to intellectual prope�ty developed, utilized, or modified in the performance of the Services <br /> shall remain the property of 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 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 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. Upon <br /> resta�t, an equitable adjustment shall be made to Engineer's compensation. <br /> 5 <br /> SLW1 Cdyd OewM.doc <br /> 9l.i0199 <br />
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