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2008/04/30 Council Agenda Packet
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2008/04/30 Council Agenda Packet
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Council Agenda Packet
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4/30/2008
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CONSULTANT shall resume the Services on receipt from CLIENT of a written notice of resumption <br />of the Services. If such suspension causes an increase in CONSULTANT's cost or a delay in the <br />performance of the Services, then an equitable adjustment shall be made to the Compensation and <br />Project Schedule, as appropriate. In the event that the period of suspension exceeds 90 days, the <br />contract time and compensation are subject to renegotiation. <br />17 TERMINATION <br />17.1 CLIENT may terminate all or part of this Agreement for CLIENT's convenience by <br />providing 10 days written notice to CONSULTANT. In such event, CONSULTANT will be entitled <br />to Compensation for the Services performed up to the effective date of termination plus <br />compensation for reasonable termination expenses. CONSULTANT will not be entitled to <br />compensation for profit on Services not performed. <br />18 DISPUTES RESOLUTION — ARBITRATION <br />18.1 Any dispute arising between the parties concerning this Agreement or the rights and duties of <br />either party in relation thereto shall first be submitted to a panel consisting of at least one <br />representative of each party who shall have the authority to enter into an agreement to resolve the <br />dispute. The disputes panel shall be conducted in good faith, either physically or electronically, <br />within two weeks of a request by either party. No written, verbal or electronic representation made <br />by either party during the course of any panel proceeding or other settlement negotiations shall be <br />deemed to be a party admission. <br />19 NOTICE <br />19.1 Any notice or communication required or permitted by this Agreement shall be deemed <br />sufficiently given if in writing and when delivered personally or 48 hours after deposit with a <br />receipted commercial courier service or the U.S. Postal Service as registered or certified mail, <br />postage prepaid, and addressed as follows: <br />CLIENT <br />Attn: <br />CONSULTANT <br />MWH Americas, Inc. <br />2353 130'h Avenue NE, Suite 200 <br />Bellevue, WA 98001 <br />Attn: David P. Thompson, P.E. <br />or to such other address as the party to whom notice is to be given has furnished to the other <br />party(ies) in the manner provided above. <br />J <br />-6- <br />
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