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Section 18. KEEPING AND STATUS OF RECORDS. <br />18.1 Deliverables Created as Part of Siemens' Performance. All <br />Deliverables shall become City's property upon delivery. Siemens may retain file copies of <br />such Deliverables. All Deliverables provided to City are for City's use only for the purposes <br />of this project, and City shall not transfer them to others or use them or permit them to be <br />used for any other project or purpose, without Siemens' express written consent. Any reuse <br />of Deliverables for other projects or locations without the written consent of Siemens, or use <br />by any party other than City will be at City's risk and without liability to Siemens. <br />18.2 Siemens' Books and Records. Siemens shall maintain any and all <br />ledgers, books of account, invoices, vouchers, canceled checks, and other records or <br />documents evidencing or relating to charges for services or expenditures and disbursements <br />charged to the City under this Agreement for a minimum of three (3) years, or for any longer <br />period required bylaw, from the date of final payment to Siemens to this Agreement. <br />18.3 Inspection and Audit of Records. Any records or documents that <br />Section 18.1 of this Agreement requires Siemens to maintain shall be made available for <br />inspection, audit, and/or copying at any time during regular business hours, upon written <br />request of the City. Under California Government Code § 8546.7, if the amount of public <br />funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), <br />the Agreement shall be subject to the examination and audit of the State Auditor, at the <br />request of City or as part of any audit of the City, for a period of three (3) years after final <br />payment under the Agreement. <br />18.4 Acceptance. The City's acceptance of Deliverables furnished <br />hereunder shall not relieve Siemens of responsibility for the technical adequacy of its Work. <br />Siemens shall be solely liable for such errors, inconsistencies or omissions in the Work to the <br />extent such Work is not performed in a manner consistent with the skill ordinarily exercised <br />by members of the same profession currently practicing under similar circumstances. The <br />City's acceptance or payment of any of the Work shall not be construed to operate as a <br />waiver of any rights under this Agreement or of any cause of action arising under this <br />Agreement. Siemens shall notify the City when the Work in described Exhibit A-1 is <br />complete. If the City does not agree the Work is complete, then the City shall notify Siemens <br />in writing within ten (10) business days of any deficiencies in the Work. If the City deems <br />the Work complete, approval of the Work and authorization for the filing of a Notice of <br />Completion will be placed on the agenda for the next regularly scheduled City Council <br />meeting. Notwithstanding the above, title and risk of loss shall transfer to the City upon the <br />earlier of either: 1) filing the Notice of Completion, or 2) forty-five (45) days after the City's <br />failure to notify Siemens of any deficiencies in the Work within the ten days stated above. <br />Section 19. LEGAL REQUIREMENTS. <br />19.1 Compliance with Applicable Laws. Siemens and any of its <br />subcontractors shall comply with all applicable and non-conflicting laws and regulations, <br />including but not limited to, the California Building Code, the Americans with Disabilities <br />Act, and any copyright, patent or trademark law in effect as of the Effective Date. Siemens <br />WPCP Cogeneration 090808 -Page 27 of 60 <br />