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7.2.2 <br /> <br />7.2.3 <br /> <br />7.3 <br /> <br />7.3.1 <br /> <br />7.3.2 <br /> <br />This Agreement may be tem-dnated in writing (delivered by certified mail, return <br />receipt requested) by OWNER for its convenience. <br /> <br />Upon any ten~inafion, ENGINEER shall: (1) promptly discontinue all Services <br />affected (unless a termination notice from OWNER directs otherwise); and (2) upon <br />full payment for services, deliver or otherwise make available to OWNER all <br />documents, data, drawings, specifications, reports, estimates, summaries, and such <br />other information and materials as may have been accumulated by ENGINEER in <br />performing this Agreement, whether completed or in process. All payments due <br />ENGINEER at termination shall be made as provided in paragraph 5.5.6. <br /> <br />Reuse of Documents <br /> <br />All documents, including Drawings and Specifications prepared or furnished by <br />ENGINEER pursuant to this Agreement, are instruments of service with respect to the <br />PROJECT and ENGINEER shall retain an ownership and property interest therein <br />whether or not the PROJECT is completed. OWNER may make and retain copies for <br />information and reference in connection with the use and occupancy of the PROJECT <br />by OWNER and others; however, such documents are not intended or represented to <br />be suitable for reuse by OWNER or others on extensions of the PROJECT or on any <br />other PROJECT. Any reuse without written verification or adaptation by ENGINEER <br />for the specific purpose ~ntended will be at OWNER's sole risk and without liability <br />or legal exposure to ENGINEER, and O\~'ER shall defend, indemnify and hold <br />harmless ENGINEER from all claims, damages, losses and expenses including <br />attorneys' fees arising out of or resulting therefrom. Any such verification or <br />adaptation will entitle ENGINEER to further compensation at rates to be agreed upon <br />by OWNER and ENGINEER. <br /> <br />OWNER will be permitted to retain copies of drawings and specifications prepared in <br />CADD form for the OWNER's information in its use of the PROJECT. Because <br />information contained on computer discs and/or magnetic tapes can be unintentionally <br />or otherwise modified by others besides ENGINEER, ENGINEER reserves the right <br />to remove all indicia of ownership and/or involvement from the disc/magnetic tape <br />provided to OWNER. The original CADD data will be retained by ENGINEER. In <br />addition, the information set forth on the disc/magnetic tape shall not be used by <br />OWNER on other projects, for additions to this project, or for completion of this <br />project by another design professional, except by written agreement and with <br />appropriate compensation to ENGINEER. Any such use or re-use by OWNER or <br />others without written verification or CADD adaptation by ENGINEER for the <br />specific purpose intended will be at the user's sole risk and without liability or legal <br />exposure to ENGINEER. OWNER shall, to the fullest extent permitted by law, <br />defend, indemnify and hold harmless ENGINEER from all claims, damages, losses, <br />and expenses, including attorney's fees arising out of or resulting therefrom. Any <br />such verification or adaptation will entitle ENGINEER to further compensation at rates <br />to be mutually agreed upon by OWNER and ENGINEER. <br /> <br />- 17- <br /> <br /> <br />