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(c) The City will be responsible for any other item listed specifically as the City's responsibility <br /> under Attachment A, Scope of Work. <br /> 3. Consultant's Records <br /> (a) All expense records of the Consultant related to this Agreement will be kept on a recognized <br /> accounting basis acceptable to the City and will be available to the City at mutually convenient <br /> times. (applies only if the Consultant is to be reimbursed for any expenses). <br /> (b) The City, its auditors and federal and state agencies that have monitoring or auditing <br /> responsibilities for this Agreement will have access to any books, documents, papers and records <br /> of the Consultant which are directly pertinent to this Agreement for the purpose of making audit, <br /> examination, excerpts, copying and transcriptions. <br /> (c) The Consultant will furnish to the City at such time and in such form as the City may <br /> require, financial statements including audited financial statements, records, reports, data and <br /> information, as the City may request pertaining to the matters covered by this Agreement. <br /> Information provided pursuant to this subsection will be held in strict confidence to the extent <br /> permitted by applicable law. <br /> 4. Ownership and Use of Documents <br /> (a) All documents prepared by the Consultant in connection with this Agreement are the <br /> property of the City whether any project related to this Agreement is executed or not. <br /> (b) The Consultant 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 that in the event the <br /> Consultant 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 /> 5. Patent Fees and Royalties <br /> (a) If applicable, the Consultant will pay all license fees, royalties, and other costs incident to the <br /> use of any invention, design, process, product or device subject to a patent right or copyright <br /> held by others in performing the work or in the completed project. <br /> (b) The Consultant will hold harmless, indemnify and defend the City, its officers, agents and <br /> employees from and against all claims, damages, losses and expenses, including attorney's and <br /> expert witness fees, arising out of any claim of infringement of a patent right or copyright in the <br /> performance of the work or the incorporation in the work of any invention, design, process, <br /> product or device. <br /> 6. Consultant as Independent Contractor <br /> CITY HALL•630 EAST HOPKINS• SAN MARCOS,TEXAS 78666. 512.393.8150• FACSIMILE 855.759.2846 <br /> SANMARCOSTX.GOV <br /> 4 <br />