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Agmt 2014 Carollo Engineers Inc
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Agmt 2014 Carollo Engineers Inc
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3/25/2014 10:44:46 AM
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3/25/2014 10:44:44 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
3/17/2014
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PERM
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Reso 2014-023
(Approved by)
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\City Clerk\City Council\Resolutions\2014
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8.5 Survival. All obligations arising prior to the termination of this Agreement and all <br /> provisions of this Agreement allocating liability between City and Consultant shall survive <br /> the termination of this Agreement. <br /> 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms • <br /> of this Agreement, City's remedies shall included, but not be limited to, the following: <br /> 8.6.1 Immediately terminate the Agreement; <br /> 8.6.2 Retain the plans, specifications, drawings, reports,design documents, and any <br /> other work product prepared by Consultant pursuant to this Agreement; <br /> 8.6.3 Retain a different consultant to complete the work described in Exhibit A not <br /> • <br /> finished by Consultant; or <br /> 8.6.4 Charge Consultant the difference between the cost to complete the work <br /> described in Exhibit A that is unfinished at the time of breach and the amount that <br /> City would have paid Consultant pursuant to Section 2 if Consultant had <br /> completed the work. <br /> Section 9. KEEPING AND STATUS OF RECORDS. <br /> 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, <br /> models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, <br /> records, files, or any other documents or materials, in electronic or any other form, that <br /> Consultant prepares or obtains pursuant to this Agreement and that relate to the matters <br /> covered hereunder shall be the property of the City. Consultant hereby agrees to deliver <br /> those documents to the City upon termination of the Agreement. It is understood and <br /> agreed that the documents and other materials, including but not limited to those described <br /> above, prepared pursuant to this Agreement are prepared specifically for the City and are <br /> not necessarily suitable for any future or other use. Any reuse of completed documents or <br /> use of partially completed documents without written verification or concurrence by <br /> Consultant for the specific purpose intended will be at the City's sole risk and without <br /> liability or legal exposure to Consultant. City and Consultant agree that, until final approval <br /> by City, all data, plans, specifications, reports and other documents are confidential and <br /> will not be released to third parties without prior written consent of both Parties. <br /> Consultant's instruments of service hereunder are the printed hard copy drawings and <br /> specifications issued for the Project, whereas electronic media, including CAD files, are <br /> tools for their preparation. As a convenience to the City, Consultant shall furnish to the City <br /> both printed hard copies and electronic media. In the event of a conflict in their content, the <br /> printed hard copies shall take precedence over the electronic media. Because data stored <br /> in electronic media form can be altered, inadvertently, it is agreed that the City shall hold <br /> Consultant harmless from liability arising out of changes or modifications to Consultant's <br /> data in electronic media form in the City's possession or released to others by the City. <br /> Consulting Services;agreement between <br /> City of San Leandro and Carollo Engineers, Inc. Page 11 of 16 <br />
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