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Res 2004-050
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Res 2004-050
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Last modified
7/7/2004 10:11:48 AM
Creation date
7/2/2004 9:15:43 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2004-50
Date
3/22/2004
Volume Book
155
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<br />examination, excerpts, copying and transcriptions. <br /> <br />6.3 The Engineer will furnish to the City at such time and in such form as the City may require, <br />financial statements including audited financial statements, records, reports, data and information, <br />as the City may request pertaining to the matter covered by this Agreement. <br /> <br />ARTICLE 7 <br />OWNERSHIP AND USE OF DOCUMENTS <br /> <br />7.1 All documents prepared by Engineer in connection with this Agreement will become the <br />property ofthe City whether any project related to this Agreement is executed or not. City agrees such <br />documents are not intended or represented to be suitable for reuse for another project by City or <br />others. Any such reuse by City or those who obtained said documents from City without written <br />verification or adaptation by the Engineer will be at City's sole risk and without liability or legal <br />exposure to the Engineer. <br /> <br />7.2 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 /> <br />ARTICLE 8 <br />TERM OF AGREEMENT <br /> <br />8.1 The term of this Agreement bègins upon its execution by both parties, and will end upon the <br />Engineer's completion, and the City's acceptance of all services described in this Agreement unless <br />this Agreement is terminated under Sections 8.2 or 8.3 below. <br /> <br />8.2 This Agreement may be terminated by either party upon 15 days prior written notice should <br />the other party fail substantially to perform in accordance with its terms through no fault of the party <br />initiating the termination. <br /> <br />8.3 This Agreement may be terminated at will by the City upon at least 15 days prior written <br />notice to the Engineer. <br /> <br />8.4 In the event of termination as provided in this Article, the Engineer will be compensated for <br />all services performed to termination date which are deemed by the City to be in accordance with this <br />Agreement. This amount will be paid by the City upon the Engineer's delivering to the City all <br />information and materials developed or accumulated by the Engineer in performing the services <br />described in this Agreement, whether completed or in progress. The expense of reproduction ofthese <br />items will be borne by the City. <br /> <br />11 <br />
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