Las Vegas City Commission Legal Documents, February 29, 1944 to February 21, 1945, lvc000016-36

106 Except as above, neither the Owner nor the Architect shall assign, sublet or transfer his interest in this agreement without the written consent of the other. 12. Arbitration. --All questions in dispute under this agreement shall be submitted to arbitration at the choice of either party. 13. THIS AGREEMENT is subject to the work being done under a partial grant from the Federal Works Agency; the preparation of preliminary date; the use of critical materials; and the fee to be paid to the Architect is subject to the approval of the Federal works Agency. 14. Traveling expenses as mentioned hereinbefore are interpreted to mean special traveling authorized to outside points and does not include the cost of travel or architect or his representative from his office to job site. 15. Abandonment or Indefinite Postponement of the Project. If the Owner, in its sole discretion, should deem it necessary or desirable to abandon or indefinitely postpone the prosecution of the project for which the professional services described in this agreement are to be rendered, the Owner may terminate this agreement by giving the Architect-Engineer written notice of such abandonment or indefinite postponement and of the termination of this agreement. In the event of such termination, the Owner shall pay to the Architect-Engineer as full payment for all services performed and all expenses incurred under this agreement an amount which bears the same ratio to the total fee otherwise payable under this agreement as the services actually rendered hereunder by the Architect-Engineer bear to the total services necessary for the full performance of this agreement. There shall be deducted from such amount, however, all payments theretofore made by the Owner under this agreement to the Architect-Engineer. In ascertaining the services actually rendered hereunder up to the date of the termination of this agreement, consideration shall be given to both completed work and work in the process of completion and to complete and incomplete drawings and other documents whether delivered to the Owner or in the possession of the Architect-Engineer. Provisions for the payment of the total fee through installment payments shall not be controlling in computing the amount payable hereunder upon the termination of this agreement. If upon payment of the amount required to be paid under this paragraph following the termination of this agreement the Owner thereafter should determine to complete the original project or substantially the same project, the Owner for such purpose shall have the privilege of: (a) Utilizing any and all completed drawings, specifications, estimates and other completed contract documents prepared under this agreement by the Architect-Engineer, who shall make them available to the Owner upon request without additional compensation, and (b) Requiring the completion of the Architect-Engineer of any and all partially completed drawings, specifications, estimates, and other partially completed contract documents and the delivery of such documents to the Owner, in consideration of which the Architect-Engineer shall be paid by the Owner an amount representing the value of the additional services performed computed in the same manner as above provided for the computation of the Architect-Engineer's compensation upon the termination of this agreement. 16. Termination upon Architect-Engineer's Default. If the Architect-Engineer should fail to perform any of his obligations hereunder within the time and in the manner provided or otherwise violates any of the terms of this agreement, the Owner may terminate this agreement by giving the Architect-Engineer written notice of such termination, stating the reason for such termination. In such event the Architect-Engineer shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder an amount which bears the same ratio to the total fee specified in this agreement as the services satisfactorily rendered hereunder by the Architect-Engineer bear to the total services otherwise required to be performed for such total fee: Provided, However, that there shall be deducted from such amount all payment s theretofore received under this agreement by the Architect-Engineer and the amount of damages, if any, sustained by the Owner by virtue of the breach of this agreement by the Architect-Engineer. The Owner and the Architect hereby agree to the full performance of the covenants contained herein. IN WITNESS WHEREOF they have executed this agreement, the day and year first above written. Signed: E. W. Cragin Mayor Signed: Helen Scott Reed (Seal) City Clerk