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R99-73 AUTHORIZING THE EXECUTION OF AN AGREEMENT
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R99-73 AUTHORIZING THE EXECUTION OF AN AGREEMENT
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4/8/2016 2:28:48 PM
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Resolution/Ordinance
Res Ord Num
R99-73
Res Ord Title
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENGINEERING SERVICES FOR NITRATE TREATMENT COST STUDY CITY PROJECT 9852
Approved Date
5/3/1999
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documents it has retained durin which time Owner ma take h sical ossession of same at the <br /> 9 Y PY P <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 I� <br /> prepared by Engineer as part of the Services shall become the property of Owner. However, I�, <br /> Engineer shall have the unrestricted right to their use. Engineer shall retain its rights in its I�I <br /> standard drawing details, specifications, data bases, computer software, and other proprietary � <br /> prope�ty. Rights to intellectual property developetl, utilized, or modified in the performance of the I, <br /> Services shall remain the property of Engineer. I', <br /> ARTICLE 13-TERMINATION I'� <br /> This Agreement may be terminated by either party upon written notice in the event of substantial �'i <br /> failure by the other party to perform in accordance with the terms of this Agreement. The I� <br /> nonperforming party shall have fifteen calendar days from the date of the termination notice to I <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. Upon <br /> restart, an equitable adjustment shall be made to Engineer's compensation. <br /> ARTICLE 14- DELAY IN PERFORMANCE <br /> Neither Owner nor Engineer shall be considered in default of this Agreement for delays in <br /> performance caused by circumstances beyond the reasonable control of the nonperforming party. <br /> For purposes of this Agreement, such circumstances include, but are not limited to, abnormal <br /> weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; <br /> strikes, lockouts, work slowdowns, and other labor disturbances; sabotage;judicial restraint; and <br /> inability to procure permits, licenses, or authorizations from any local, state, or <br />' federal agency for any of the supplies, materials, accesses, or services required to be provided by <br /> • 5 <br /> s�w,s.mo.d� <br /> arzo�ss <br />
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