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<br />all of its records relating to the Project for retention by the City. <br /> <br />7.3 Owner agrees such documents are not intended or represented to be suitable for <br />reuse for another project by Owner or others. Any such reuse by Owner or those who <br />obtained said documents from Owner without written verification or adaptation by Engineer <br />will be at Owner's sole risk and without liability or legal exposure to Engineer. <br /> <br />ARTICLE 8 <br />TERMINATION OF AGREEMENT <br /> <br />8.1 The term of this Agreement begins upon its execution by both parties, and will end <br />upon the Engineer's completion, and the City's acceptance of all services described in this <br />Agreement unless this Agreement is terminated under Sections 8.2 or 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 <br />fault 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 <br />written notice to the Engineer. <br /> <br />8.4 In the event of termination as provided in this Article, the Engineer will be <br />compensated for all services performed to the termination date which are deemed by the <br />City to be in accordance with this Agreement. This amount will be paid by the City upon the <br />Engineer's delivering to the City all information and materials developed or accumulated <br />by the Engineer in performing the services described in this Agreement, whether <br />completed or in progress. The expense of reproduction of these items will be borne by the <br />City. <br /> <br />ARTICLE 9 <br />INSURANCE AND INDEMNITY <br /> <br />9.1 The Engineer will indemnify, hold harmless and defend the City and its employees, <br />agents, officers and servants from any and all lawsuits, claims, demands and causes of <br />action of any kind arising from the negligent or intentional acts or omissions of the <br />Engineer, its officers, employees or agents. This will include, but not be limited to, the <br />amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other <br />expenses incurred by the City arising in favor of any party, including the amounts of any <br />damages or awards resulting from claims demands and causes of action for personal <br />injuries, death or damages to property. This obligation of the Engineer will not be limited <br />by reason of the specification of any particular insurance coverage in this Agreement. <br /> <br />9.2 The Engineer will procure and maintain at Engineer's expense insurance with <br />insurance companies authorized to do business in the State of Texas, covering all <br /> <br />6 <br />