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The ENGINEER will provide the OWNER with a ten (10) day written notice �, <br /> prior to disposal of PROJECT documents it has retained during which time <br /> the OWNER may take physical possession of same at the storage site." <br /> ARTICLE 12 - OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY <br /> Except as otherwise provided herein, engineering documents, drawings, <br /> and specifications prepared by Engineer as part of the Services shall <br /> become the property of Owner, provided, however, that Engineer shall <br /> have the unrestricted right to their use. Engineer shall retain its <br /> rights in its standard drawing details, specifications, data bases, <br /> computer software, and other proprietary property. Rights to <br /> intellectual property developed, utilized, or modified in the <br /> performance of the Services shall remain the property of Engineer. <br /> ARTICLE 13 - TERMINATION <br /> This Agreement may be terminated by either party upon written notice <br /> in the event of substantial failure by the other party to perform in <br /> accordance with the terms of this Agreement. The nonperforming party <br /> shall have fifteen calendar days from the date of the termination notice <br /> to 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 <br /> convenience upon written notice to Engineer. Engineer shall terminate <br /> or suspend performance of the Services on a schedule acceptable to <br /> Owner. If termination or suspension is for Owner's convenience, Owner <br /> shall pay Engineer for all the Services performed and termination or <br /> suspension expenses. Upon restart, an equitable adjustment shall be <br /> made to Engineer's compensation. <br /> ARTICLE 14 - DELAY IN PERFORMANCE <br /> Neither Owner nor Engineer shall be considered in default of this <br /> Agreement for delays in performance caused by circumstances beyond the <br /> reasonable control of the nonperforming party. For purposes of this <br /> Agreement, such circumstances include, but are not limited to, abnormal <br /> weather conditions; floods; earthquakes; fire; epidemics; war, riots, <br /> and other civil disturbances; strikes, lockouts, work slowdowns, and <br /> other labor disturbances; sabotage; judicial restraint; and inability to <br /> SLW16:067 5 <br /> 12/15/97 <br />