1991 - 11-18-91 Regular Meeting - Laserfiche WebLink

Home Browse Search

ing done so, ENGINEER shall be entitled to pay- ment for his services in accordance with this Agree- meat. - 7.3. Controlling Law. This Agreement is to be governed by the law of the principal place of business of ENGINEER. SECTION 7-GENERAL CONSIDERA'T'IONS 7.1. Teruriualion. lig;ilion to provide furlher services under Agreement C Terminated by cilhc - y upon seven clays' written no cut of subslauti:d failure by the other to per r nccondance with the l tereof Iluough no fault of the to arty. 7.2. Reuse of Documents. All documeds including Drawings and Specifications prepared by ENGINEER pursuant to this Agreement are inslruntans of service in respect of the 1'i inject. They are not intended or represented (o be suitable for reuse by OWNER or others on extensions of the Irroj- ec( or on any olher project. Any reuse cvilhouf wrillen verification or adaptation by ENGINEER for the spe- cific purpose intended will be at OWNER's sale risk and without liability or Icgal exposure to ENGINEI7.R; and OWNER shall indemnify and hold h:undess 8N- GINEER from all claims, damages, losses and ex- penses including attorneys' fees arising out of or re- sulting Ihcrebonn. Any such verification or adaptation will entitle ENGINEER to further connpcnsntion at rates to be agreed upon by OWNER and ENGINEER. 7.4. Successors and Assigns. 7.4.1. OWNER and ENGINEER each binds himself and his partners, successors, executors, administra- tors, assigns and legal representatives to tine other party to this Agreement and to (he partners, successors, ex- ecutors, adnunnslralors, assigns and legal representa- tives of such other party, in respect to all covenants, agreements and obligations of this Agreement. 7.4.2. Neither OWNER nor ENGINEER shall as- sign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without (lie written consent of the other, except as slated in paragraph 7.4.1 and except to the extent that file elfect of this limitation may be restricted by law. Unless specifically slated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duly or responsi- bility under this Agreement. Nothing contained in this paragraph small prevent ENGINEER from employing such independent consultants, associates and subcon- Iractors as he may deem appropriate to assist him in the performance of services hereunder. 7.4.1. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than OWNER and ENGINEER. iThe remainder of this page was left blank intentionally.] 20 Page 12of____Pages