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Res 2006-071
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Res 2006-071
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Last modified
8/14/2006 11:44:42 AM
Creation date
8/14/2006 11:44:06 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-71
Date
4/18/2006
Volume Book
167
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<br />I <br /> <br />I <br /> <br />I <br /> <br />purpose of making audit, examination, excerpts, copying and transcriptions. <br /> <br />6.3 The Project Architect will furnish to the City at such time and in such form as the City <br />may require, financial statements including audited financial statements, records, reports, data <br />and 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 and information prepared by Project Architect in connection with this <br />Agreement will be the property of the Project Architect, who shall be deemed the author, and <br />shall retain all common law, statutory law, and other rights, including copyrights. The Project <br />Architect grants a nonexclusive, irrevocable license to the City, as Project owner, transferable to <br />future owners of the Project site, to use the documents and information in connection with the <br />construction, use, operation and maintenance of the Project, and any future alterations, <br />remodeling, or expansions to the facilities which comprise the Project. The Project Architect <br />shall obtain similar nonexclusive licenses from the Project Architect's sub consultants in favor of <br />the City and consistent with this Agreement. Any termination of this Agreement prior to <br />completion of the Project shall terminate this license and replace it with a second, nonexclusive <br />license permitting the City, as Project owner, to authorize other design professionals to <br />reproduce and, where permitted by law, to make changes, corrections or additions to the <br />documents and information for purposes of completing, using operating and maintaining the <br />Project. Project Architect further acknowledges that all such documents and information are <br />subject to public disclosure in accordance with the provisions of Section 10.11 of this <br />Agreement. Any such reuse by City or those who may obtain copies of the documents from City <br />without written verification or adaptation by the Project Architect will be without liability or <br />legal exposure to the Project Architect. <br /> <br />7.2 The Project Architect will retain all of its records and supporting documentation relating <br />to this Agreement, and not delivered to the City, for a period of three years except in the event <br />that the Project Architect goes out of business during that period, it will turn over, to the City, all <br />of its records 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 Project Architect's completion, and the City's <br />acceptance of all services described in this Agreement unless this Agreement is terminated under <br />Sections 8.2 or 8.3 below. The Project must be completed no later than March 1,2008. <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 <br /> <br />This Agreement may be terminated at will by the City upon at least 15 days prior wntten <br /> <br />18 <br />
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