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I I I ARTICLE 7 OWNERSHIP AND USE OF DOCUMENTS 7 1 All documents prepared by Consultant m connectIOn wIth thIS Agreement WIll become the property of the CIty whether any proJect related to thIS Agreement IS executed or not. CIty agrees such documents are not mtended or represented to be sUItable for reuse for another proJect by CIty or others. Any such reuse by CIty or those who obtamed said documents from CIty wIthout wntten venficatIon or adaptatIOn by the Consultant wIll be at CIty'S sole nsk and wIthout lIabIlIty or legal exposure to the Consultant. 7.2 The Consultant wIll retam all of ItS records and supportmg documentatIon relatmg to thIS Agreement, and not delIvered to the CIty, for a penod of three years except m the event that the Consultant goes out of busmess dunng that penod, It WIll turn over, to the CIty, all of ItS records relatmg to the ProJect for retentIOn by the City 7.3 The Consultant wIll furnIsh to the CIty at such tIme and m such form as the City may reqUIre, financIal statements mcludmg audIted financial statements records, reports, data and mformatIon, as the City may request pertammg to the matters covered by thIS Agreement. ARTICLE 8 TERM OF AGREEMENT 8.1 The term of thIS Agreement begms on the effectIve date establIshed m the first paragraph of the Agreement and WIll end upon the Consultant's completIOn, and the CIty'S acceptance of all servIces described m thIS Agreement unless thIS Agreement IS termmated under SectIOns 8.2 or 8.3 below The ProJect must be completed no later than September 30, 2005, except for delays caused by agreements wIth Umon PacIfic concernmg crossmg the railroad tracks at Hopkms Street and the San Marcos RIver 8.2 ThIS Agreement may be termmated by eIther party upon 15 days pnor wntten notIce should the other party fail substantIally to perform m accordance wIth ItS terms through no fault of the party mltIatmg the termmatIon. 8.3 ThIS Agreement may be termmated at will by the City upon at least 15 days pnor wntten notIce to the Consultant. 8.4 In the event of termmatIOn as prOVIded m thIS ArtIcle, the Consultant WIll be compensated for all servIces performed to termmatIOn date WhICh are deemed by the CIty to be m accordance wIth thIS Agreement. ThIS amount WIll be paId by the CIty upon the Consultant's delIvenng to the CIty all mformatIOn and matenals developed or accumulated by the Consultant m performmg the servIces described m thIS Agreement, whether completed or m progress. The expense of reproductIOn of these Items WIll be borne by the CIty 13