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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. 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 /> 1st 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 /> 3 <br />