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<br /> !'lZt) <br /> - <br /> CITY will be promptly paid to ENGINEER in accordance with the above payment <br /> procedures, <br /> ARTICLE 5 <br /> ENGINEER'S RECORDS <br /> 5.1 All direct cost expense records of ENGINEER will be kept on a recognized <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 ENGINEER which are directly pertinent to the direct cost of this Project for <br /> the 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 documents 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, ENGINEER will not be respodsible, and liability is <br /> hereby waived by CITY against ENGINEER, and CITY will indemnify ENGINEER from any <br /> and all losses, claims, demands and causes of action resulting from CITY's use of the <br /> plans, specifications and construction contract documents other than for the Project as <br /> contemplated by those documents, ENGINEER will retain its rights in its standard drawing <br /> details, specifications, databases, computer software and any other proprietary property, <br /> Rights to intellectual property developed, utilized, or modified in the performance of the <br /> Services will remain the property of the ENGINEER. <br /> ARTICLE 7 <br /> TERMINA TION OF AGREEMENT <br /> 7.1 The term of this Agreement begins upon its execution by both parties, and ends <br /> upon acceptance of the completed Project and the completion of ENGINEER's services <br /> under 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 /> 7.3 This Agreement may be terminated at will by the CITY upon at least 15 days prior <br /> written notice to the ENGINEER. <br /> 7.4 In the event of t,ermination as provided in this Article, the ENGINEER will be <br />