Laserfiche WebLink
6 .5 SUCCESSORS" AND ASSIGNS - <br /> The OWNER and the ENGINEER each binds himself and his <br /> partners , successors , executors , administrators and <br /> assigns to the other party of this Agreement and to the <br /> partners , successors , executors , administrators and <br /> assigns of such other party, in respect to all covenants <br /> of this Agreement; except as above, neither the OWNER nor <br /> the ENGINEER will assign, sublet or transfer his interest <br /> in this Agreement without the written consent of the <br /> other. Nothing herein shall be construed as creating any <br /> personal liability on the part of any officer or agent of <br /> any public body which may be a party hereto, nor shall it <br /> be construed as giving any rights or benefits hereunder <br /> to anyone other than the OWNER and the ENGINEER. <br /> SECTION VII - SPECIAL PROVISIONS <br /> The OWNER and the ENGINEER agree that this Agreement <br /> shall be subject to the following special provisions <br /> which together with the provisions hereof and the <br /> Exhibits and Schedules hereto represent the entire <br /> Agreement between the OWNER and the ENGINEER; they may <br /> only be altered , amended or repealed by a duly executed <br /> written instrument: <br /> 7 . 1 All Services Described in Exhibit "A" - General Outline <br /> Of Engineering Services as attached to the OWNER'S <br /> "Request for Proposal " dated December 21 , 1984 shall be <br /> included as basic services under this Contract and shall <br /> be a part of Section I of this Contract as if therin <br /> included . <br /> 7 . 2 All expenses such as telephone, reproduction, travel , per <br /> diem , outside services , etc . shall apply to the <br /> $40 ,000.00 maximum fee for basic engineering services <br /> provided the expenses incurred are related to the <br /> services provided under basic services. <br /> 7 .3 The ENGINEER shall submit a report not less frequently <br /> than quarterly to the OWNER covering the general progress <br /> of the job and describing and problems or factors <br /> contributing to delay; <br /> 7 . 4 The ENGINEER shall assure that a ten per cent (10%) <br /> retainage is withheld from all payments on construction <br /> contracts until final acceptance by the OWNER and <br /> approval by the EDA Regional Office, unless State or <br /> local law provides otherwise; <br /> 7 .5 The ENGINEER shall comply with all applicable provisions <br /> of the Regulations of the United States Department of <br /> Commerce (Part 8 of Subtitle 15 of the Code of Federal <br /> Regulations) issued pursuant to the Civil Rights Act of <br /> 1964 , in regard to nondiscrimination in employment <br /> 10 <br />