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<br /> Z-g£ <br /> Payments on account of the PROGRAM MANAGER's Additional Services as <br /> defined in Section 1.3 will be made monthly upon presentation of the PROGRAM <br /> MANAGER's statement of services rendered or expenses incurred, less any disputed <br /> amounts, pending resolution thereof. Invoice amounts will be based on the Schedule of <br /> Compensation attached as Attachment C to this Agreement. <br /> ARTICLE 5 <br /> PROGRAM MANAGER'S RECORDS <br /> i 5.1 All expense records of PROGRAM MANAGER will be kept on a recognized <br /> I <br /> accounting basis acceptable to the CITY and will be available to the CITY or the CITY's <br /> authorized representative at mutually convenient times. <br /> 5.2 The CITY and federal and state agencies that have monitoring or auditing <br /> responsibilities for the Project will have access to any books, documents, papers and <br /> records of the PROGRAM MANAGER which are directly pertinent to this Project for the <br /> purpose of making audit, examination, copying, and transcriptions. <br /> ARTICLE 6 <br /> OWNERSHIP AND USE OF DOCUMENTS <br /> 6.1 Plans, specifications, and other construction contract docu~ents as well as all <br /> tracings, and other original documents will become the property of the CITY whether the <br /> Project is executed or not. However, PROGRAM MANAGER will not be responsible, and <br /> liability is hereby waived by CITY against PROGRAM MANAGER, and CITY will indemnify <br /> PROGRAM MANAGER from any and all losses, claims, demands and causes of action <br /> resulting from CITY's use of the plans, specifications and construction contract documents <br /> other than for the Project as contemplated by those documents. PROGRAM MANAGER <br /> shall retain its rights in its standard drawing details, designs, specifications, databases, <br /> computer software and any other proprietary property. Rights to intellectual property <br /> developed, utilized, or modified in the performance of the Services shall remain the <br /> property of the Program Manager. <br /> - <br /> ARTICLE 7 <br /> TERMINATION OF AGREEMENT <br /> 7.1 The term of this Agreement begins upon its execution by both parties, and ends <br /> upon the CITY's acceptance of all completed Construction Projects comprising the Project, <br /> and the completion of all services specified in this Agreement. . <br /> 7.2 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 /> 6 <br />