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APPENDIX ONE: <br />APPLICABLE CONTRACT CLAUSES <br />ENGINEERING PROFESSIONAL SERVICES CONTRACT <br />SECTION ONE: <br />MODIFICATION OF CONTRACT <br />No waiver or modification of this Agreement or of any <br />covenant, condition, or limitation herein contained shall be <br />valid unless in writing and duly executed by ENGINEER and OWNER <br />and no evidence of any waiver or modification shall be offered or <br />received in evidence of any proceeding, arbitration, or <br />litigation between the parties hereto arising out of or affecting <br />this Agreement. or the rights or obligations of the parties <br />hereunder, unless such waiver or modification is in writing, <br />duly executed as aforesaid, and the parties further agree that <br />the provisions of this section may not be waived except as <br />herein set forth. <br />SECTION TWO: <br />LEGAL REMEDIES/TERMINATION <br />If through any cause, ENGINEER OR OWNER fail to fulfill in <br />a timely and proper manner the obligations under this contract, <br />ENGINEER OR OWNER shall thereupon have the right to terminate <br />this contract by giving fifteen (15) days written notice to the <br />other party of such termination and by specifying the cause of <br />termination and the effective date thereof. In any event, all <br />finished or unfinished deliverable items prepared by the ENGINEER <br />under this contract shall entitle the ENGINEER to receive just <br />and equitable compensation for work completed and deliverable. <br />Payment shall be for accrued fees for services and expenses <br />incurred remaining unpaid at the time of termination. It is <br />further agreed that any breach or evasion of any of the terms of <br />this contract by either party will authorize recourse to <br />injunction and/or specific performance as well as to all other <br />legal or equitable remedies to which such injured party may be <br />entitled hereunder. <br />SECTION THREE: <br />IMPOSSIBILITY OF PERFORMANCE <br />Neither the ENGINEER OR OWNER shall be deemed to be in <br />default of its obligations hereunder if and so long as it is <br />prevented from performing such obligations by an act of war, <br />hostile foreign action, nuclear explosion, riot, strikes, <br />boycott, civil insurrection, earthquake, hurricane, tornado or <br />other catastrophic natural event or act of God. <br />A-1 <br />