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Res 2001-202
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7/10/2006 4:35:52 PM
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7/10/2006 4:35:25 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2001-202
Date
11/26/2001
Volume Book
145
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<br />purpose of making audit, 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 <br />require, financial statements including audited financial statements, records, reports, data <br />and information, as the City may request pertaining to the matter covered by this <br />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 <br />the property of the City whether any project related to this Agreement is executed or not. <br />Owner agrees such documents are not intended or represented to be suitable for reuse <br />for another project by Owner or others. Any such reuse by Owner or those who obtained <br />said documents from Owner without written verification or adaptation by Engineer will be <br />at Owner's sole risk and without liability or legal exposure to Engineer. <br /> <br />7.2 The Engineer will retain all of its records and supporting documentation relating to <br />this Agreement, and not delivered to the City, for a period of three years except in the <br />event that the Engineer goes out of business during that period, it will turn over, to the City, <br />all of its records 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 <br />upon the Engineer's completion, and the City's acceptance of all services described in this <br />Agreement unless this Agreement is terminated under Sections 8.2 or 8.3 below. The <br />Project must be ready to bid no later than April 1, 2002. <br /> <br />8.2 This Agreement may be terminated by either party upon 15 days prior written notice <br />should the other party fail substantially to perform in accordance with its terms through no <br />fault of the party initiating the termination. <br /> <br />8.3 This Agreement may be terminated at will by the City upon at least 15 days prior <br />written notice to the Engineer. <br /> <br />8.4 In the event of termination as provided in this Article, the Engineer will be <br />compensated for all services performed to termination date which are deemed by the City <br />to be in accordance with this Agreement. This amount will be paid by the City upon the <br />Engineer's delivering to the City all information and materials developed or accumulated <br />by the Engineer in performing the services described in this Agreement, whether <br />completed or in progress. The expense of reproduction of these items will be borne by the <br />City. <br /> <br />Dannenbaum2.wpd <br /> <br />12 <br />
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