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8. OWNER3HIP OF DOCt1MEN1'3 <br /> All plans, siudies, sketches, drawings, repon and specifications, wlth the exception of the Super <br /> PMS Software and it's Documen3ation and User Manuals as herein required, are the prope�ty of the <br /> . City, whether the work for which ihey �re mada be executed or not. In the event this contract is <br /> terminated, and at the end of the term of this contract, alt such plans, studies, sketches, drawings, <br /> reports, and spacifications shall be delivered immediatety to the City. Consultant may retain one <br /> copy of each document for hls record, bul shall heve no proprietary rights to them. The Consultant <br /> agrees that the City hereby receivas a rayalty-iree, non-exctusive and irrevocable right to use for <br /> internal purposes, the software and documentatiorUuser manuals to be prepared under thls <br /> A�reem8nt. The City agrees to sign a Soliware License Agreement of the torm included in Exhihit <br /> "C". The City atso agrees not to reproduce or clrcufate beyond its own organization, either verbally <br /> or by written word, infarmation pertatning to the working components of the software a►id the <br /> documentation/user manuafs, eitt►er in parl or in full without the written consent of Consultant. <br /> 10. ASSI�NMENT AND SUBCONTRACTiNG <br /> (a) Consultant shall not essign this contract, any part thereof, or any compensalion due lhereunder <br /> without the priarwritten consent of the City. <br /> (b) Consulfant shall be fully responsible to ihe City tor aity acts and omissions of Consultartt's <br /> subcoMractors, including persons either directly or indirectly employed by subcarntractors, in <br /> the event Consultant subcontracts any oi ttte work to De pertormed under this contract. <br /> Consultant's respons;bility under this paragraph shall be identical to Consultant's liability for acts <br /> and omissions of Consultant and employees of Consu(tant. Nothinq contained in this <br /> Agreement shall create any contractuat retationshlp between City and any subcontractor of <br /> Consultani, but Consultant shaf! bir�d every subcontractor, and every subcontractor of a <br /> subcontractor by the terms of this contract applieable lo Consultant's work, unless such chan�e, <br /> omission, or addition is epproved in advance In wirting by City. , <br /> (c) AN terms, conditions, and provisions hereof shalf insure to and bind each of the parties hereb, II <br /> Bnd eech o[their respectfve heirs, executors, administr�tors, successors, and assign. � <br /> 6 <br />