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Res 2006-038
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Res 2006-038
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Last modified
8/7/2006 1:44:25 PM
Creation date
8/7/2006 1:43:57 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-38
Date
2/21/2006
Volume Book
166
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<br />I <br /> <br />I <br /> <br />I <br /> <br />6.3 The Engineer will furnish to the City at such time and in such form as the City may <br />require, financial statements including audited financial statements, records, reports, data and <br />information, as the City may request pertaining to the matters covered by this Agreement. <br /> <br />ARTICLE 7 <br />OWNERSHIP AND USE OF DOCUMENTS <br /> <br />7.1 All documents prepared by Engineer in connection with this Agreement will become the <br />property of the City whether any project related to this Agreement is executed or not. City agrees <br />such documents are not intended or represented to be suitable for reuse for another project by <br />City or others. Any such reuse by City or those who obtained said documents from City without <br />written verification or adaptation by the Engineer will be at City's sole risk and without liability <br />or legal exposure to the Engineer. <br /> <br />7.2 The Engineer will retain all of its records and supporting documentation relating to this <br />Agreement, and not delivered to the City, for a period of three years except in the event that the <br />Engineer goes out of business during that period, it will turn over, to the City, all of its records <br />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 on the effective date established in the first paragraph <br />of the Agreement and will end upon the Engineer's completion, and the City's acceptance of all <br />services described in this Agreement unless this Agreement is terminated under Sections 8.2 or <br />8.3 below. <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 fault <br />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 written <br />notice to the Engineer. <br /> <br />8.4 In the event of termination as provided in this Article, the Engineer will be compensated <br />for all services performed to termination date which are deemed by the City to be in accordance <br />with this Agreement. This amount will be paid by the City upon the Engineer's delivering to the <br />City all information and materials developed or accumulated by the Engineer in performing the <br />services described in this Agreement, whether completed or in progress. The expense of <br />reproduction of these items will be borne by the City. <br /> <br />ARTICLE 9 <br />INSURANCE AND INDEMNITY <br /> <br />9.1 <br /> <br />The Engineer will indemnify, hold harmless and defend the City and its employees, <br /> <br />10 <br /> <br />Davear Skatepark <br />
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