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R99-84 AUTHORIZING EXECUTION OF AGREEMENT
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R99-84 AUTHORIZING EXECUTION OF AGREEMENT
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4/8/2016 1:46:39 PM
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Resolution/Ordinance
Res Ord Num
R99-84
Res Ord Title
AUTHORIZING EXECUTION OF AGREEMENT FOR ARCHITECTURAL / ENGINEERING SERVICES - MULTI-MODAL TRANSPORTATION CENTER
Approved Date
5/17/1999
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ARTICLE VI <br /> Termination of Aqreement <br /> Breach of Contract <br /> If, through any cause, ARCHITECT shall fail to fulfill in a timely and proper manner its <br /> obligations under this AGREEMENT, or if ARCHITECT shall violate any of the covenants, <br /> agreements, or stipulations of this AGREEMENT, OWNER shall thereupon have the right to <br /> terminate this AGREEMENT by giving written notice to ARCHITECT of such termination and , <br /> specifying the effective date thereof, at least five (5) calendar days before the effective date of <br /> such termination. In such event, all unfinished drawings, maps, photographs, or other material <br /> prepared by ARCHITECT under this AGREEMENT shall, at the option of OWNER, become its ', <br /> property, and ARCHITECT shall be entitled to receive just and equitable compensation for any !� <br /> satisfactory work completed on such documents. Notwithstanding the above, ARCHITECT shall I <br /> not be relieved of liability to OWNER for damages sustained by OWNER by virtue of any breach <br /> of this AGREEMENT by ARCHITECT and OWNER may withhold any payments to ARCHITECT I <br /> until such time as the final compensation to ARCHITECT is determined. <br /> This AGREEMENT also may be terminated at the discretion of both parties due to <br /> circumstances beyond the control of ARCHITECT, such as national disaster, acts of God, or <br /> strikes by organized labor unions. <br /> Waiver <br /> No claim or right arising out of a breach of contract can be discharged in whole or in part <br /> by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported <br /> by consideration, and is in writing and signed by the aggrieved party. <br /> Termination for Convenience <br /> OWNER may terminate this contract, in whole or in part, at any time by written notice to <br /> ARCHITECT. ARCHITECT shall be paid for its verifiable PROJECT-eligible costs, including <br /> negotiated contract close-out costs, and profit on services performed up to the time of <br /> termination. ARCHITECT shall promptly submit its termination claim to OWNER for payment to <br /> ARCHITECT. If ARCHITECT has any property in its possession belonging to OWNER, <br /> ARCHITECT will account for the same, and dispose of it in the manner OWNER directs. <br /> Termination for Default <br /> If ARCHITECT fails to perform services in the manner called for in the contract, or if <br /> ARCHITECT fails to comply with any other provisions of the contract, OWNER may terminate <br /> this contract for default. Termination shall be effected by serving a notice of termination on <br /> ARCHITECT setting forth the manner in which ARCHITECT is in default. ARCHITECT will only <br /> be paid for services pertormed in accordance with the manner of performance set forth in the <br /> contract. <br /> 9of16 � <br />
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