6/21/1972 - Laserfiche WebLink

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3. All state sales tax imposed upon the Engineer in the performance of work under the terms of this Agreement shall be added to the Engineer's fees for payment by the Owner. 4: No fees originating under this Agreement shall become due or payable prior to November 1, 1972. SECTION VI — GENERAL CONSIDERATIONS A. TERMINATION This Agreement may be terminated by either party by thirty (30) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the one party through no fault of the other party. If this Agreement is so terminated, the Engineer shall be paid as provided in Section V, Paragraph C.2. B. OWNERSHIP OF DOCUMENTS All documents, including original drawings, estimates, specifications, field notes and data are and remain the property of the Engineer as instruments of service. The Owner may, at his expense, retain reproducible -copies of drawings and copies of other documents, in consideration of which it is mutually agreed that the Owner will use them solely in connection with the Project. C. ESTIMATES Since the Engineer has no control over the cost of labor and materials, or over competitive bidding and market conditions, the estimates of construction cost provided for herein are to be made on the basis of his experience and qualifications but the ,Engineer does not guarantee the accuracy of such estimates as compared to the contractors' bids or the Project construction cost. D. ARBITRATION Arbitration of all questions in dispute under this Agreement shall be at the choice of either party, and shall be in accordance with the rules of the American Arbitration Association. This Agreement shall be specifically enforceable under the prevailing arbitration law and judgment upon the award rendered may be entered in the court of the forum, state, or federal, having jurisdiction. The decision of the arbitration shall be a condition precedent to the right of any legal action. E. INSURANCE The Engineer shall secure and maintain such insurance as will protect him from claims under the.Workmen's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of his services under this Agreement.