Res 2004-155 - Laserfiche WebLink

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I I I 7.2 The Engineer will retain all of its records and supporting documentation relatIng 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 during that period, it wi II 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 descnbed in this Agreement unless thIS Agreement IS termInated under SectIons 8 :2 or 8.3 below. The ProJect deSIgn must be completed no later than March 31, 2005 and constructIon administration must be complete by February 28,2006 as detaIled in the attached task schedule (Attachment B). 8.2 This Agreement may be terminated by eIther party upon 15 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 prIor \\ rlllen notice to the Engineer. 8.4 In the event of termination as provided in this ArtIcle, the Engineer 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 deliverIng to the City all InfOrmatIOn and materIals developed or accumulated by the Engineer In performing the services deSCrIbed In thIS Agreement, whether completed or In progrcss The C\ pen"L' III reproductIOn of these Items will be borne by the CIty. ARTICLE 9 INSURANCE AND INDEMNITY 9.1 The Engineer will indemmfy, hold harmless and defend the City and ItS employees, agents, officers and servants from any and alllawslllts, claIms, demands and causes of action 0 f any kind arising from the negligent or intentIOnal acts or omissions of the EngIneer, ItS officers, employees or agents. This will Include, but not be lImIted to, the amounts of Judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses Incurred by the Ci ty ariSing in favor of any party, IncludIng the amounts of any damages or awards resultll1g [rom claims demands and causes of action for personal injuries, death or damages to property ThiS oblIgation by Engineer will not be lImIted by reason of the specIficatIon of any parllcllbr insurance coverage in this Agreement. 9.2 The Engineer will procure and maintam at Engineer's expense lI1surance WIth Insurance companies authOrIzed to do bUSIness In the State of Tc\as, co\'crlllg all OpCI'~llll)!l~ 11lldcl 1111, 12