Res 2004-156 - Laserfiche WebLink

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I I I 5.2 The City, its auditors, federal auditors, and state agencies that have monitoring or auditing responsibilities for this Agreement will have access to any books, documents, papers and records of the Engineer which are dIrectly pertinent to this Agreement for the purpose of making audit, examination, excerpts, COPYlllg and transcriptIOns. 5.3 The Engineer will furnish to the City at such time and in such form as the City may require, financial statements including audited financial statements, records, reports, data and information, as the City may request pertaining to the matter covered by this Agreement. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 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 fro Owner without written verification or adaption by the Engineer will be at Owner's sole risk and without liability or legal exposure to the Engineer. 6.2 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 will turn over, to the City, all of its records relating to the Project for retention by the City. ARTICLE 7 TERM OF AGREEMENT 7.1 The term of this Agreement begins upon its execution by both parties, 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 7.2 or 7.3 below. 7.2 This Agreement may be terminated by either party upon 15 days prior written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 7.3 This Agreement may be terminated at will by the City upon at least 15 days prior WrItten notice to the Engineer. 7.4 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 EngineeB 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 progress. The expense of reproduction of PBSJ2.wpd 4