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City without written verification or adaptation by the Consultant will be without liability or legal exposure to the Consultant. 7.2 The Consultant will retain all of its records and supporting documentation relating to this Agreement, and not delivered to the City, for a period of three years except in the event that the Consultant goes out of business during that period, it will turn over, to the City, all of its records relating to the Project for retention by the City. ARTICLE 8 TERM; TERMINATION of AGREEMENT 8.1 The term of this Agreement begins on the effective date established in the first paragraph of the Agreement and will end upon the Consultant's completion, and the City's acceptance of all services described in this Agreement unless this Agreement is terminated under Sections 8.2 or 8.3 below. The design for the Project will be completed within 180 calendar days from the effective date of the Agreement (excluding City review time and permitting) It is anticipated that the duration of the construction of the girl's fast pitch softball complex portion of the Project will continue for a period of 365 calendar dates from the Contractor's receipt of Notice to Proceed. The terms of this Agreement will remain in full force and effect and the Consultant is responsible for all work included in this Agreement until the associated construction Project has been completed by the Contractor and accepted by the City except for the work detailed in Subsection 1.6.29 of this Agreement. The Consultant's responsibility for work included in Subsection 1.6.29 will survive the expiration of this Agreement until such time that the specified warranty period for this Project is complete in accordance with the construction contract. 8.2 This Agreement may be terminated by either party upon 15 calendar days prior written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 8.3 The City may terminate this Agreement for convenience and without cause with at least 15 calendar days prior written notice to the Consultant. 8.4 In the event of termination as provided in this Article, the City will compensate the Consultant for all services performed to termination date, which are deemed by the City to be in accordance with this Agreement. The City will pay this amount upon the Consultant's delivering to the City all information and materials developed or accumulated by the Consultant in performing the services described in this Agreement, whether completed or in progress. The expense of reproduction of these items will be borne by the City. ARTICLE 9 INSURANCE AND INDEMNITY 9.1 The Consultant will indemnify, hold harmless and defend the City and its employees, agents, officers and servants from any and all lawsuits, claims, demands and causes of action of Luck Design — Gary sports Complex Improvements — Phase I Project Agreement 17