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covered by this Agreement. <br />ARTICLE 4 <br />OWNERSHIP AND USE OF DOCUMENTS <br />A. All documents prepared by the Engineer in connection with this Agreement are the <br />property of the City whether any project related to this Agreement is executed or not. The City <br />agrees that the Engineer's sealed plans and specifications are not intended or represented to be <br />suitable for reuse for another project by the City or others. Any such reuse by the City or those <br />who obtained said documents from the City without written verification or adaptation by the <br />Engineer will be without liability or legal exposure to the Engineer. <br />B. The Engineer will retain all of its records and supporting documentation relating to this <br />Agreement, and not delivered to the City, for a period of three years except in the event that the <br />Engineer goes out of business during that period, it will turn over, to the City, all of its records <br />relating to the Project for retention by the City. <br />ARTICLE 5 <br />TERMINATION OF AGREEMENT <br />A. This Agreement may be terminated by either party upon 15 calendar days prior written <br />notice should the other party fail substantially to perform in accordance with its terms through no <br />fault of the party initiating the termination. The Engineer will provide the City with at least a 30 <br />calendar day period of opportunity to cure before the Engineer initiates termination. <br />B. The City may terminate this Agreement for convenience and without cause upon at least <br />thirty (30) calendar days prior written notice to the Engineer. <br />C. Upon the Engineer's receipt of any such notice of termination under this Article 5, it will <br />cease work as directed in writing by the City. The City will compensate the Engineer for all <br />services performed up to the date of the notice of termination, which are deemed by the City to be <br />in accordance with this Agreement. The City will pay this amount upon the Engineer's delivering <br />to the City all information and materials developed or accumulated by the Engineer in performing <br />the services described in this Agreement, whether completed or in progress. The expense of <br />reproduction of these items will be borne by the City. <br />D. If applicable to this Agreement, funds for the payment for work performed by the Engineer <br />under this Agreement have been provided through the City's budget approved by City Council for <br />the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds <br />beyond the fiscal year for which a budget has been approved. The City cannot guarantee the <br />availability of funds, and enters into this Agreement only to the extent such funds are made <br />available. The Engineer acknowledges and agrees that it will have no recourse against the City <br />for its failure to appropriate funds for the purposes of this Agreement in any fiscal year other than <br />3 <br />