Res 1996-129 - Laserfiche WebLink

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~lt 5.1 All reports, records and other original doeuments will become the property of the CITY whether the Project is executed or not. However, ENGINEER will not be responsible, and liability is hereby waived by CITY against ENGINEER, and CITY will indemnify ENGINEER from any and all losses, claims, demands and causes of action resulting from CITY's use of these documents other than for the Project as contemplated 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 TERMINA TION 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. , . 6.2 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. 6.3 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 rJ3instated only upon mutual consent in writing between CITY and ENGINEER. 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 ENGINEER 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 4