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09.01 Trailside Park Phase 1 Service Proposals
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10-03-2017 City Council Meeting
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09.01 Trailside Park Phase 1 Service Proposals
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9/29/2017 12:24:03 PM
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Article 7 <br /> Suspension/Termination <br /> 7.1 This Agreement may be terminated by either party on 7 days' written notice should the <br /> other party fail substantially to perform in accordance with its terms through no fault of the party <br /> initiating the termination,provided the defaulting party has not cured or in good faith diligently <br /> commenced to cure the breach during the 7-da.y notice period. <br /> 7.2 The Client's failure to make payments to the Landscape Architect in accordance with the <br /> provisions of this Agreement shall be deemed a substantial failure to perform and a cause for <br /> termination; however, in this circumstance the Landscape Architect, at its option,may elect to <br /> suspend its services on 7 days' notice to the Client. The Landscape Architect shall have no <br /> liability to the Client for any delays caused by a suspension under this provision. <br /> 7.3 If the Client suspends the Landscape Architect's services for any reason,the Landscape <br /> Architect shall be compensated for all services performed to that da.te, and the Landscape <br /> Architect shall have no liability to the Client for any delays caused by the Client's decision to <br /> suspend the services. <br /> 7.4 When suspended services are resumed,the Landscape Architect shall be compensated for <br /> expenses incurred by the interruption and resumption of the Landscape Architectural Services, <br /> and the Landscape Architect Compensation and the Schedule of Services for the services <br /> remaining to be performed shall be equitably adjusted. <br /> 7.5 A suspension of services by either party for more than 30 days may, at the Landscape <br /> Architect's option,be deemed grounds for termination of the Agreement. <br /> 7.6 If termination is not due to the fault of the Landscape Architect,the Client shall pay, in <br /> addition to Compensation and Reimbursable Expenses due at the time of the termination,all <br /> actual costs and expenses reasonably incurred by the Landscape Architect in connection with I <br /> such termination. In addition,the Client shall comply and cooperate in accordance with the li <br /> provisions of Article 3,Ownership of Documents, herein. I <br /> 7.7 The Client may terminate this Agreement for convenience and without cause with 7 days' I�' <br /> notice to the Landscape Architect providing, in addition to the compensation, expenses,and <br /> compliance with the Ownership of Documents provisions indicated in section 7.6, above,the i <br /> Client pays to the Landscape Architect an amount representing the anticipated profit on the � <br /> Scope of Services not performed under this Agreement because of the Client's decision to � <br /> terminate for its convenience. I, <br /> I <br />
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