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<br /> ~ICLE 5 <br /> ERGIREER . S ACCOUIRING RECORDS <br /> 5.1 All expense records of ENGINEER shall be kept on a recognized <br /> accounting basis acceptable to the CITY and shall be available to the <br /> CITY or the CITY's authorized representative at mutually convenient <br /> times. <br /> 5.2 The City shall have access to any books, documents, papers <br /> and records of the ENGINEER which are directly pertinent to this <br /> Project for the purpose of making audit, examination, copying, and <br /> transcriptions. <br /> ARTICLE 6 <br /> OWlŒRSHIP AIID USE OF IBFORIIATIOR AIID DOCOIIER".rS <br /> 6.1 All original documents prepared by the ENGINEER for this <br /> Project shall become the property of the CITY whether the Surface Water <br /> Treatment Plant Project is executed or not. However, ENGINEER shall <br /> not be responsible, and liability is hereby waived by CITY against <br /> ENGINEER, and CITY shall indemnify ENGINEER f rom any and all losses, <br /> claims, demands and causes of action resulting from CITY's intentional, <br /> willful, and wanton illegal use of said plans, specifications and <br /> construction contract documents and/or the intentional, willful and <br /> wanton illegal use by others if CITY has knowledge of such use by <br /> others, and in such event, CITY will exercise its best efforts to <br /> notify ENGINEER of such use by others. <br /> 6.2 The information, analyses and documents collected and <br /> prepared by ENGINEER under this Agreement may be relevant to litigation <br /> in which the CITY is involved, and ENGINEER shall not disclose or make <br /> such information accessible to anyone outside the CITY except with the <br /> approval of the CITY or in compliance with appropriate legal process. <br /> ARTICLE 7 <br /> TElUURATIOR OF AGREEIŒRT <br /> 7.1 This Agreement may be terminated by either party upon fifteen <br /> (15) days prior written notice should the other party fail <br /> substantially to perform in accordance with its terms through no fault <br /> of the party initiating the termination. <br /> 7.2 This Agreement may be terminated at will by the CITY upon at <br /> least fifteen (15) days prior written notice to the ENGINEER. <br />