Res 1997-091 - Laserfiche WebLink

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- ' 3Qc, by those documents. Engineer shall retain its rights in its standard databases, computer software and any other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Engineer. ARTICLE 6 TERMINATION OF AGREEMENT 6.1 The term of this Agreement begins upon its execution by both parties, and ends upon the completion and City's acceptance of all services specified in this Agreement. Engineer will commence services upon receipt of a written notice to proceed from the City. Engineer will perform and complete all services no later than 8 months from the date of the notice to proceed. Engineer is not responsible for delays beyond the Engineer's control such as, but not limited to, delays due to regulatory reviews, inclement weather or inability to obtain access to easements. . . 6.2 Should Engineer not receive a notice to proceed within thirty (30) days after the date of this Agreement, this Agreement shall terminate and may be reinstated only upon mutual consent in writing between City and Engineer. 6.3 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 ijs terms through no fault of the party initiating the termination. 6.4 This Agreement may be terminated at will by the City upon at least 15 days prior written notice to the Engineer. 6.5 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 City to be in accordance with this Agreement. Such amount will be paid by the City upon the Engineer's delivering or otherwise making available to the City all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the ~ngineer in performing the services included in this Agreement, whether completed or in progress. The expense of the reproduction of these items will be borne by the City. ARTICLE 7 INSURANCE AND INDEMNITY 7.1 The Engineer will indemnify the City and its employees, agents, officers and servants from any and all lawsuits, claims, demands and causes of action of any kind arising from the negligent or intentional wrongful acts, errors or omissions of the Engineer, its employees or agents. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by 4