C150094 Contract - Laserfiche WebLink

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n..' 8, P f ': ~ , r:r. LJ r:-, 'k:~; ( ; is' L~ ~'I. ,:',.':.,' :: F' t' p; tt: L' li [.'.:'. ~ m ~'." i-:. L r..:.... Ii fi' u; [;; till B n t ft.\ U . . The OWNER may terminate this Agreement without cause by giving seventy-five (75) days' written notice to the ENGINEER. The OWNER may immediately terminate this Agreement for cause. The ENGINEER may terminate this Agreement by giving seventy-five (75) days' written notice to the OWNER. In the event of such ENGINEER termination, the OWNER shall forthwith pay the ENGINEER in full for all work previously authorized, performed prior to notice of termination and accepted by the OWNER. If no notice of termination is given, relationships and obligations created by this Agreement shall be terminated upon completion of all applicable requirements of this Agreement. In the event any action is brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions herein, this Agreement shall be interpreted pursuant to Colorado law. Venue for any dispute shall be in the District Court, La Plata County, The losing party shall pay the prevailing party such reasonable amounts for fees, costs, and expenses, including attorney fees, as may be set by the court, unless the amount awarded the prevailing party is de minimus and. in effect, not an actual judgment In favor of that party. In the event of any legal or other controversy requiring the services of the ENGINEER in providing expert testimony in connection with the PROJECT, except suits or claims by third parties against the OWNER arising out of errors or omissions of the ENGINEER, the OWNER shall pay the ENGINEER for services rendered in regard to such legal or other controversy. including costs of preparation for the controversy, if, during the term of this agreement, at hourly rates set forth at Exhibit B or at a negotiated price, whichever is less, or if, after the term of this agreement, at the ENGINEER's general hourly rates at that time. The OWNER shall make available to the ENGINEER all technical data in the OWNER's possession, including maps, surveys, borings, and other information required by the ENGINEER and relating to the ENGINEER's work. The ENGINEER and the OWNER acknowledge that, although the ENGINEER's reports, plans. specifications, field data, field notes, laboratory test data, calculations, estimates, and other similar documents are instruments of profeSSional service, their use outside the scope of this Contract could require the ENGINEER to evaluate' the documents' applicability to new circumstances, not the least of which is passage of time. The OWNER agrees to waive any claim against the ENGINEER and defend, indemnify and hold the ENGINEER harmless from any claim or liability for injury or loss allegedly arising from the unauthorized re-use of the ENGINEER'S instruments of service by the OWNER or with the permission of the OWNER. The OWNER further agrees to compensate the ENGINEER for any time spent or expenses incurred by the ENGINEER in defense of any such claim, in accordance with the ENGINEER's fee schedule and expenses in the Remuneration Schedule. The opinions of cost for the construction of the enlargement of Red Mesa Reservoir and the construction of Long Hollow Reservoir to be provided as part of the PROJECT in accordance with Exhibit "A" will be prepared by the ENGINEER through exercise of the ENGINEER'S experience and judgment in applying presently available cost data, but it is recognized that the ENGINEER is not a construction contractor and has no control over the results of cost of labor and materials or over competitive bidding procedures and market conditions, so that the ENGINEER cannot warrant that the construction costs will not vary from the ENGINEER'S cost opinions. Given the assumptions which must be made by the ENGINEER, the ENGINEER G:IOocumentslWwe WeiI20021991-0771ContractIContract02 - WWE LPWCO revision 5-6-02.doc Agreement Between Owner and Engineer Page 3