R96-186 AUTHORIZING AGREEMENT - Laserfiche WebLink

Home Browse Search

3.7 Reports and other deliverables prepared by the CONSULTANT as part of the services under this Agreement shall become the property of the CITY, provided however, that the CONSULTANT shall have the unrestricted right to their use. The CONSULTANT shall retain its rights in its data bases, computer software and other proprietary property. Rights to intellectual property developed, utilized or modified in the performance of the work shall remain the property of the CONSULTANT. 3.8 The CONSULTANT will not publish, or authorize its subcontractors or associates to publish, any report, study or other document produced as a deliverable under this Agreement which does not acknowledge the sponsorship of the CITY. The CONSULTANT shall give the CITY notice prior to publication by it or others of any deliverable produced under this Agreement and shall accede to any request by the CITY that appropriate disclaimer language be incorporated into the publication. The CITY retains its right to authorize publication of any and all documents before they are released. 3.9 The CONSULTANT agrees that any material, device or proprietary procedure utilized in the performance of the work shall not knowingly infringe any patent or copyright and the CONSULTANT, or its subcontractors or associates, shall be responsible for securing any necessary licenses required for patented or copyrighted material so utilized. 3.10 The CONSULTANT shall not assign this Agreement without prior written approval of the CITY, subject to such terms and conditions as the CITY may deem necessary. 3.11 The failure of either party to insist on strict performance of any terms and conditions of this Agreement shall not be deemed a waiver of any rights or remedies that such party may have for any subsequent breach, default or nonperformance. 3.12 This Agreement may be terminated, in whole or in part, by either party if the other , party substantially fails to fulfill its obligations under this Agreement through no fault of the j terminating party. In addition, the CITY shall have the right to terminate this Agreement for its I convenience. In the event of termination by either party,the CONSULTANT shall cancel as 'I many outstanding obligations as possible and shall not incur any new obligations after the I� effective date of termination, and the CITY shall pay to the CONSULTANT the reasonable value � of services performed under this Agreement prior to and including the date of termination. 3.13 All necessary and ordinary communications, submittals, approvals, requests and I notices related to work under this Agreement shall be issued or received by the Project Managers designated by the CITY and the CONSULTANT. The Project Manager for the CITY will be Keith Alexander. The Project Manager for the CONSULTANT will be Stephen F. John. 3.14 During the performance of work under this Agreement,the CONSULTANT agrees to conform, and to require its subcontactors to conform, with the requirements set forth in Exhibit A - Equal Employment Opportunity which is attached hereto and made a part hereof. 3