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<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 of the City whether any project related to this Agreement is executed or not. City agrees <br />such documents are not intended or represented to be suitable for reuse for another project by City <br />or others. Any such reuse by City or those who obtained said documents from Owner without <br />written verification or adaptation by the Engineer will be at Owner's sole risk and without liability <br />or legal 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 begins 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 <br />this 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 of <br />these items will be borne by the City. <br /> <br />ARTICLE 9 <br />INSURANCE AND INDEMNITY <br /> <br />9.1 The Engineer will indemnify, hold harmless and defend the City and its employees, agents, <br />officers and servants from any and all lawsuits, claims, demands and causes of action of any kind <br />arising from the negligent or intentional acts or omissions of the Engineer, its officers, employees <br />or agents. This will include, but not be limited to, the amounts of judgments, penalties, interest, <br /> <br />Carter & Burgess2.wpd <br /> <br />11 <br />