Res 2014-080/The Image Network, Inc. d/b/a Dover, Kohl and Associates.

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5.3 The Consultant will furnish to the City at such time and in such form as the City may require, financial statements including audited financial statements, records, reports, data and information, as the City may request pertaining to the matters covered by this Agreement. Information provided pursuant to this subsection will be held in strict confidence to the extent permitted by applicable law. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 All documents prepared by the Consultant in connection with this Agreement are the property of the City whether the Project is completed or not. 6.2 The Consultant will retain all of its records and supporting documentation relating to this Agreement, and not delivered to the City, for a period of three years except in the event that the Consultant goes out of business during that period, it will turn over, to the City, all of its records relating to the Project for retention by the City. 6.3 As applicable, the Consultant will pay all license fees, royalties, and other costs incident to the use of any invention, design, process, product or device subject to a patent right or copyright held by others in performing the work or in the completed project. 6.4 Consultant will have the right to use either actual images or representations of the Project, including photographs, in its professional and promotional materials. ARTICLE 7 TERM; TERMINATION OF AGREEMENT 7.1 The term of this Agreement begins on the effective date established in the first paragraph of the Agreement and will end upon the Consultant's completion, and the City's acceptance of all services described in this Agreement unless this Agreement is terminated under Sections 7.2 or 7.3 below. Both the City and the Consultant assume that the Project will be complete eighteen months from the execution of the Agreement. 7.2 This Agreement may be terminated by either party upon 15 calendar days prior written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. The Consultant will provide the City with at least a 30 calendar day period of opportunity to cure before the Consultant initiates termination. 7.3 The City may terminate this Agreement for convenience and without cause upon at least 15 calendar days prior written notice to the Consultant. 7.4 In the event of termination as provided in this Article, the Consultant will immediately discontinue any and all services under the Agreement upon the City's request. The City will DKP Agreement 12