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