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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. 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 />B. 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 />C. 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 />the year in which this Agreement was executed. The fiscal year for the City extends from October <br />1 st of each calendar year to September 30th of the following calendar year. <br />ARTICLE 6 <br />WARRANTY AND INDEMNIFICATION <br />A. In performing all services under this Agreement, the Engineer or persons under the <br />supervision of the Engineer will use that degree of care and skill normally exercised for similar <br />projects by professional Engineers who possess special expertise in the types of services. The <br />Engineer will ensure that all persons performing services under this Agreement possess the <br />appropriate licenses under local, State or Federal law governing their respective discipline. As an <br />experienced and qualified design professional, the Engineer warrants that the information it <br />provides reflects professional and industry standards, procedures, and performances. The <br />Engineer warrants that the preparation of designs /drawings, the designation or selection of <br />3 <br />