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2017-09-11-minutes-public-works-study-session
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2017-12-05 10:00 AM - Commissioners' Agenda
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2017-09-11-minutes-public-works-study-session
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Last modified
5/12/2020 1:52:21 PM
Creation date
5/12/2020 1:51:15 PM
Metadata
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Meeting
Date
12/5/2017
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
a
Item
Approve Minutes
Order
1
Placement
Consent Agenda
Row ID
41021
Type
Minutes
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VII. TERMINATION OF AGREEMENT <br />A. The OWNER may, by written notice, terminate this Contract in whole or in part at <br />any time, either for the OWNER's convenience or because of failure to fulfill the <br />Contract obligations. Upon receipt of such notice services must be immediately <br />discontinued (unless the notice directs otherwise) and all materials as may have <br />been accumulated in performing this Contract, whether completed or in progress, <br />delivered to the OWNER, <br />B. If the termination is for the convenience of the OWNER, an equitable adjustment <br />in the Contract price will be made, but no amount will be allowed for anticipated <br />profit on unperformed services. <br />C. If the termination is due to failure to fulfill the ENGINEER's obligations, the <br />OWNER may take over the worts and prosecute the same to completion by <br />Contract or otherwise. In such case, the ENGINEER is liable to the OWNER for <br />any additional cost occasioned to the OWNER thereby. <br />D_ If, after notice of termination for failure to fulfill Contract obligations, it is <br />determined that the ENGINEER had not so failed, the termination will be deemed <br />to have been effected for the convenience bf the OWNER. In such event, <br />adjustment in the Contract price will be made as provided in paragraph B of this <br />clause, <br />E. The rights and remedies of the OWNER provided in this clause are in addition to <br />any other rights and remedies provided by law or under this Contract. <br />VIII. CERTIFIgATIQN OF ENGINEER <br />The OWNER and the ENGINEER hereby certify that the ENGINEER has not been <br />required, directly or indirectly, as an express or implied condition in connection with <br />obtaining or carrying out this Agreement to: <br />A. Employ or retain, or agree to employ or retain, any firm or persons. <br />B. Pay, or agree to pay, to any firm, person, or organization any fee, contribution, <br />donation, or consideration of any kind. <br />IX. SUCCESSORS AND ASSIGNMENTS <br />A. The OWNER and ENGINEER each bind themselves, their partners, successors, <br />executors, administrators, and assigns to the other parties to this Agreement, and <br />to the successors, executors, administrators, and assigns of such other party in <br />respect to all covenants of this Agreement. <br />B. Except as above, neither the OWNER nor the ENGINEER shall assign, sublet, or <br />transfer their interest or obligation hereunder in this Agreement without the written <br />consent of the other. <br />;3,lCnmras;s & ; as4 Ortlaryl?51111E9s CueFiI.J�2C�1752677.1&29 howeih xielc Nrc �cL Oi�iUiC•'�1: bac Page 7 <br />
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