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(b) The City, its auditors and federal and state agencies that have monitoring or auditing responsibilities <br />for this Agreement will have access to any books, documents, papers and records of the Engineer which <br />are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, copying <br />and transcriptions. <br />(c) The Engineer will furnish to the City at such time and in such form as the City may require, financial <br />statements including audited financial statements, records, reports, data and information, as the City may <br />request pertaining to the matters covered by this Agreement. Information provided pursuant to this <br />subsection will be held in strict confidence to the extent permitted by applicable law. <br />4. Ownership and Use of Documents <br />(a) All documents prepared by the Engineer in connection with this Agreement are the property of the City <br />whether any project related to this Agreement is executed or not. The Engineer will be allowed to retain <br />one copy of its documents for internal record - keeping purposes. The Engineer will not be liable for the <br />unauthorized reuse or modification of its documents or other work product. <br />(b) The Engineer will retain all of its records and supporting documentation relating to this Agreement, <br />and not delivered to the City, for a period of three years, except that in the event the Engineer goes out of <br />business during that period, it will turn over to the City all of its records relating to the Project for retention <br />by the City. <br />5. Patent Fees and Rovalties <br />(a) If applicable, the Engineer will pay all license fees, royalties, and other costs incident to the use of any <br />invention, design, process, product or device subject to a patent right or copyright held by others in <br />performing the work or in the completed project. <br />(b) The Engineer will hold harmless, indemnify and defend the City, its officers, agents and employees <br />from and against all claims, damages, losses and expenses, including attorney's and expert witness fees, <br />arising solely out of any claim of infringement of a patent right or copyright in the performance of the work <br />or the incorporation in the work of any invention, design, process, product or device. <br />6. Engineer as Independent Contractor <br />It is expressly agreed that the Engineer is an independent contractor, and not an employee, agent, partner <br />or joint venturer with the City. The Engineer will not pledge or attempt to pledge the credit of the City. <br />7. Designation of Engineer's Contact Person <br />The Engineer agrees to designate in writing a single contact person assigned to coordinate the Engineer's <br />performance of obligations under this Agreement. Any changes to this designation must be made by the <br />Engineer in writing to the City. <br />CITY HALL ® 630 EAST HOPKINS ® SAN MARCOS, TEXAS 78666 e 512.393.8150 ® FACSIMILE 855.759.2846 <br />SANMARCOSTX.GOV <br />6 <br />