Res 2006-049 - Laserfiche WebLink

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I I I 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 without written verification or adaptation by the Consultant will be at City's sole risk and without liability or legal exposure to the Consultant. 6.2 The Consultant 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 Consultant 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 8 TERM; TERMINATION OF AGREEMENT 7.1 The term of this Agreement begins on the effective date established in the first paragraph of the Agreement and will end upon the Consultant'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. The anticipated completion of the Consultant's services for this Project is March 2008, subject to modifications and adjustments due to unforeseen circumstances related to the Project which may occur during the course of this Agreement. If the City requests or authorizes a change in the scope, extent, or character of the Consultant's services the time of performance of the Consultant's services will be adjusted equitably in accordance with Section 11.1 of this Agreement. 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. However, this Agreement will not terminate as a result of such substantial failure if the party receiving such notice begins, within seven days of receipt of such notice, to correct its failure to perform and proceeds diligently to cure such failure within no more than thirty days of receipt thereof, or as such period may be mutually extended. 7.3 This Agreement may be terminated by the Consultant upon ten days written notice if the Consultant's services for the Project are delayed or suspended for more than ninety days for reasons beyond the Consultant's control. 7.4 This Agreement may be terminated at will by the City upon at least 15 days prior written notice to the Consultant. 7.5 In the event of termination as provided in this Article, the Consultant 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 Consultant's delivering to the City all information and materials developed or accumulated by the Consultant in performing the services described in this Agreement, whether completed or in progress. The expense of reproduction of these items will be borne by the City. 9 Broaddus OR Contract