Res 2004-152 - Laserfiche WebLink

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I I I ARTICLE 7 OWNERSHIP AND USE OF DOCUMENTS 7.1 All documents prepared by Engineer in 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 intended or represented to be suitable for reuse for another proJect by City or others. Any such reuse by City or those who obtained saId documents from CIty wi thout wntten verification or adaptation by the Engineer wIll be at City's sole risk and without lIability or legal exposure to the Engineer. 7.2 The Engineer will retam all of its records and supporting documentation relatll1g to thIS Agreement, and not delIvered to the City, for a period of three years except in the event that the Engineer goes out of business durmg 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 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 Engineer'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. 8.2 This Agreement may be terminated by either party upon IS days prior wntten 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 This Agreement may be terminated at will by the City upon at least 15 days pnor wntten notice to the Engineer. 8.4 In the event of termination as provided in this Article, the Engmeer will be compensated for all services performed to termination date which are deemed by the City to be in accordance with this Agreement. ThIS amount will be paid by the CIty upon the Engineer's dehvenng to the City all mformation and materials developed or accumulated by the Engmeer m performll1g 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 Engineer 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 any kmd arising from the negligent or intentional acts or omissions of the Engmeer, its officers, employees or agents. This will include, but not be limited to, the amounts of Judgments, penalties, mterest, court costs, reasonable legal fees, and all other expenses incurred by the City .,l j H! ,,I" id;;.: II