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7.~ The Owner and-Engineer further-agree.to the following conditions: <br /> A. Termination: This Agreement may be termtnted by either party for any <br /> reason by seven (7) days' written notice in which case the Engineer <br /> shall be paid for services performed to the date of termination, <br /> including reimbursements then due, plus terminal expense, but less <br /> reasonable costs for necessary corrections. <br /> <br /> B. Arbitration: Arbitration of all questions in dispute under this <br /> Agreement shall be at the choice of either party and shall be in <br /> accordance with rules of the American Arbitration Association. This <br /> Agreement shall be specifically enforceable under the prevailing <br /> arbitration law and Judgement upon the award rendered ~y be entered <br /> in the court of the forum, state or federal, having jurisdiction. The <br /> decision of the arbitrators shall be a condition to the right of any <br /> legal action. <br /> <br /> C. Ownership of Documents: The completed tracings and master specifica- <br /> tion sheets shall remain the property of the Engineer and reproduc- <br /> tions of them in whole or in part shall not be used on additions to <br /> the Project or on any other project except upon written agreement with <br /> the Engineer. With respect to any Project in progress at the time of <br /> termination, the Engineer shall provide the Owner with copies of any <br /> plans, specifications or documents necessary for completion of said <br /> Project. The Owner shall pay the Engineer reasonable cost for making <br /> said copies. <br /> <br />8. Successors and Assigns: This Agreement and all of the covenants thereof <br /> shall inure to the benefit of and be binding upon the Owner and the Engi- <br /> neer respectively and his partnerS, successors, assigns and legal repre- <br /> sentatives. Neither the Owner nor the Engineer shall have the right to <br /> asstgne transfer or sublet its interest or obligations hereunder without <br /> written consent of the other party. <br />g. Special Provisions: The Owner and. the Engineer mutually agree that this <br /> Agreenmnt shall be subject to the following Special Provisions which shell <br /> supersede other conflicting provisions of this Agreement. <br /> A. The Engineer shall furnish copies of design calculation sheets as <br /> required and shall be reimbursed for copying cost. ~.- <br /> B. Record (As-built) Drawing shall be furnished to the Owner within <br /> ninety (90) days after completion of each project. Final payment will <br /> be made only after record drawings are received by the Owner. <br /> C. All Change Orders shall be approved by the City Council before they <br /> are issued to the Contractor. No Change Orders which substantially <br /> change the scope of the project shall be issued unless approved by the <br /> Owner. Ri <br /> 0. The Engineer shall furnish grade and alignment staking ~hen directed <br /> for the Project, and shall be paid at the rates set forth in Section <br /> 6A or 6B of this agreement. '~ <br /> <br /> E. The Engineer shall furnish full-time resident inspection of the pro- <br /> Ject as directed by the Owner. All personnel assignments for inspec- <br /> tion shall be subject to the approval of the Owner. Compensation for <br /> Inspection personnel shall he made at hourly rates times the multi- <br /> plier as set forth in Section 6A or 6B of this agreementt~~ <br /> <br /> <br />