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Res 2000-221
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Last modified
7/24/2006 3:44:56 PM
Creation date
7/24/2006 3:28:17 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2000-221
Date
11/13/2000
Volume Book
142
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<br />ARTICLE 7 <br />OWNERSHIP AND USE OF DOCUMENTS <br /> <br />7.1 All documents prepared by Consultant in connection with this Agreement will <br />become the property of the City whether any project related to this Agreement is executed <br />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 Consultant will be <br />at Owner's sole risk and without liability or legal exposure to Consultant. <br /> <br />7.2 The Consultant will retain all of its records and supporting documentation relating <br />to this Agreement, and not delivered to the City, for a period of three years except in the <br />event that the Consultant goes out of business during that period, it will turn over, to the <br />City, 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 Consultant's completion, and the City's acceptance of all services described in <br />this Agreement unless this Agreement is terminated under Sections 8.2 or 8.3 below. The <br />attached schedule (Attachment B) indicates the time frame in which the Project should be <br />complete based upon the current scope. Consultant will update the schedule during the <br />Project to reflect changes. Consultant will promptly notify the City of delays and their <br />cause. Consultant will not be responsible for delays on the part of the City. <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 Consultant. <br /> <br />8.4 In the event of termination as provided in this Article, the Consultant 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 />Consultant's delivering to the City all information and materials developed or accumulated <br />by the Consultant 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 />12 <br />
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