R89-113 AUTHORIZING AGREEMENT - WVP CORPORATION

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DELAY OF Paragraph 10-Delay of Contract. CONTRACT Paragraphs contained herein which relate to fees, completion dates,time schedules, interest rates,and similar matters are based upon conditions prevailing at time of contract negotiations. In the event that a period of more than three (3) months is permitted to lapse between the presentation of this document to the OWNER and the time at which the ENGINEER is given authority to proceed,this instrument will be subject to review. Recognition of the need for such a review will not, in itself, be a basis for voiding this document. SUCCESSORS Paragranh 11 -Successors and Assigns. AND ASSIGNS The OWNER and the ENGINEER each binds himself and his partners,successors, executors,administrators and assigns to the other party of this Agreement and to the partners,successors, executors,administrators and assigns to such other party, in respect to all covenants of this Agreement; except as below, neither the OWNER nor the ENGINEER shall assign,sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. DETERMINATION Paragraph 12-Determination of Service. OF SERVICE Determination of services required and described herein and compensation for completing same was based upon State and Federal regulations in effect at time of submittal of this contract. Changes in these regulations which change the scope of services required,subsequent to contract submittal,will require a contract amendment. OWNERSHIP Paragraph 13-Ownershiq of Documents. OFDOCUMENTS All drawings,specifications and other worlc product of the ENGINEER for this project are instruments of service for this project only and shall remain the property of the ENGINEER whether the project is completed or not. Re-use of any of the instruments of service of the ENGINEER by the OWNER on extensions of this project or on any other project without the written permission of the ENGINEER shall be at the OWNER'S risk and the OWNER agrees to defend, indemnify and hold harmless the ENGINEER from all claims, damages, and expenses including attorney's fees arising out of such unauthorized re-use of the ENGINEER's instruments of service by the OWNER or by others acting through the OWNER. Any reuse or adaptation of the ENGINEER's instruments or service occurring after the written agreement of the ENGINEER shall entitle the ENGINEER to further compensation in amounts to be agreed upon by the OWNER and the ENGINEER. The OWNER shall have access to any books, records or documents relating to this project for inspection,audit and copying. The ENGINEER will provide proper facilities for such access and inspection. The only cost to the OWNER will be copying and reproduction charges. 6