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13 - Agreement with Jason Hart Engineering - Grand Theater
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13 - Agreement with Jason Hart Engineering - Grand Theater
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and or delays by the CITY and/or its contractor or consultants. CONSULTANT shall have <br />no liability for any such delays mutually agreed to by the parties. <br />The completion schedule set forth in this Article may be subject to causes that <br />result in delay over which neither CONSULTANT nor the CITY has any control. <br />Notification and justification for any such delays identified by the CONSULTANT must <br />be made in writing and approved by the CITY. The schedule of work will be extended <br />to include any such delays pursuant to Article XV, Changes. <br />VI. <br />Contract Termination Provision <br />This Contract may be terminated at any time by CITY for any cause by providing <br />CONSULTANT thirty (30) days written notice of such termination. Upon receipt of such <br />notice, CONSULTANT shall immediately terminate working on, placing orders or <br />entering into contracts for supplies, assistance, facilities or materials in connection with <br />this Contract and shall proceed to promptly cancel all existing contracts insofar as they <br />are related to this Contract. Data and study products prepared by the CONSULTANT <br />under this Contract shall be delivered to the CITY if requested on the condition that the <br />CITY has fully paid CONSULTANT all sums due for such data and study products. The <br />CITY will only be obligated to compensate the CONSULTANT in the amounts agreed <br />herein for those services performed prior to the effective date of termination and upon <br />the CONSULTANT's submitting a statement of actual services performed and payment <br />requested. <br />VII. <br />Ownership of Documents <br />All materials and documents prepared or assembled by CONSULTANT under this <br />Contract shall become the sole property of CITY and shall be delivered to CITY without <br />restriction on future use on the condition that CITY substantially performs its obligations <br />under this Contract, including prompt payment of all sums due. CONSULTANT may <br />retain in its files copies of all drawings, specifications and all other pertinent information <br />for the services. CONSULTANT shall have no liability for changes made to any materials <br />or other documents by others subsequent to the completion of the Contract. Further, in <br />the event CITY uses any materials or other documents provided, prepared, or assembled <br />by CONSULTANT without retaining CONSULTANT, such use shall be at CITY's sole <br />risk and liability, and CITY releases CONSULTANT and its consultants from all claims <br />and causes of action arising from such uses. <br />VIII. <br />Insurance Requirements <br />A. Before commencing work, the CONSULTANT shall, at its own expense, procure, <br />pay for and maintain during the term of this Contract the following insurance <br />written by companies approved by the State of Texas and acceptable to the City of <br />Structural Engineering i <br />g g Services Contract <br />Jason Hart Engineering, PLLC Page 4 of 24 <br />
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