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Consulting Services Agreement between City of San Leandro and Last revised 04/20/26 NCE for Pavement Cut Impact Fee Study Page 12 of 17 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant, including but not limited to the provisions of Section 5, shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but are not limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant at the time of the breach pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 No remedy mentioned in this Agreement is intended to be exclusive of any other right, power, or remedy permitted by law. Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, not shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of any such right or remedy. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All documents prepared or furnished by Consultant pursuant to this Agreement are instruments of Consultant’s professional service, and Consultant shall retain an ownership and property interest therein. However, the Consultant shall provide the City with a copy of all Engineering Documents as requested by the City and related to services for which the Consultant has been engaged under this Agreement. Reports, plans, specifications and related documents are the Consultant’s copyrighted instruments, and the Consultant, at its option, may so identify them by appropriate markings. Consultant grants City a license to use instruments of Consultant’s professional service for the purpose of constructing, occupying, and maintaining the project. City recognizes that no such documents should be subject to unauthorized re-use, that is, re-use without written authorization of Consultant to do so. However, such reuse shall be for City use only and the Consultant shall have no liability for City alteration to the documents or for any use other than as intended under this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents Docusign Envelope ID: F4FCBFC6-F136-48C5-BF44-69A3B4443EB2