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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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3.1 The Landscape Architect shall be deemed the author and owner of all deliverables <br /> provided to the Client, including but not limited to plans, drawings, specifications, Construction <br /> Documents, displays, graphic art,photographs, and other images and devices of any medium, <br /> including electronic data or files,which are developed, created, or derived pursuant to this <br /> Agreement by the Landscape Architect(collectively,the"Design Materials"). <br /> 3.2 Subject to payment by the Client of all fees and costs owed to the Landscape Architect, <br /> the Landscape Architect grants to the Client a nonexclusive license to reproduce the Design <br /> Materials solely for the construction and use of the Project. Termination of this Agreement prior <br /> to the completion of the Project shall terminate this license; all Design Materials and copies <br /> thereof in the Client's possession or control shall be returned to the Landscape Architect within <br /> 21 days of the notice of ternunation. <br /> 3.3 The Client, to the fullest extent permitted by law, shall indemnify and hold harmless the <br /> Landscape Architect for any costs, including legal fees or defense costs,liability or loss,which <br /> result from any unauthorized modification of the Design Materials or the use of the Design <br /> Materials for any purpose other than the Project. <br /> 3.4 In the event this Agreement is terminated prior to the completion of the Project,the <br /> Landscape Architect shall have no liability to the Client or to anyone claiming through the Client <br /> for any claims, liabilities, or damages resulting from the use,misuse,or modification of the <br /> Design Materials without the Landscape Architect's approval, and the Client agrees to indemnify <br /> and defend the Landscape Architect against all such claims. <br /> Article 4 <br /> Landscape Architect Compensation <br /> 4.1 Compensation for the Scope of Services described in section 1.4 of Exhibit "A"to be <br /> performed under this Agreement shall be the stipulated sum indicated in the Preliminary <br /> Provisions plus Reimbursable Expenses as defined below. Supplemental Services, described in <br /> section 1.5 ofExhibit "B"when requested in writing by the Client, shall be compensated on an <br /> hourly basis at the rates provided in Exhibit "A"or on the basis of a negotiated fee provided in <br /> an amendment to this Agreement. <br />
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