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F.c -9 <br />the Agency shall have any responsibility for payment to any Consultant, contractor, <br />subcontractor or supplier of the Developer. <br />7. PERFORMANCE STANDARDS In performing Services hereunder, <br />Developer shall adhere to the standards generally prevailing for the performance of <br />expert architectural or engineering services in the San Francisco Bay Area. <br />B. DOCUMENTS All documents, plans, drawings, renderings, and other <br />papers, or copies thereof, including drafts, working papers, prepared by Developer or <br />Developer's Consultants pursuant to the terms of this Agreement (collectively <br />"Documents "), shall be and become the property of City and Agency. Developer and <br />Developer's Consultants shall deliver all Documents to City and Agency on the earlier of <br />(1) the substantial completion date of the Project, (2) the date of termination of this <br />Agreement for any reason prior to substantial completion of the Project, or (3) within <br />three days of a written request from City. The Documents may be used by City or <br />Agency and their agents, employees, representatives, and assigns, in whole or in part, <br />or in modified form, for all purposes City or Agency may deem advisable in connection <br />with completion and maintenance of, and additions to, the Project, without further <br />employment of or payment of any compensation to Developer; provided, however, that <br />if this Agreement is terminated for any reason prior to completion of the Project and if <br />under such circumstances City or Agency uses, or engages the services of and directs <br />another Developer to use, such documents to complete the Project, City and /or Agency <br />agree to release Developer from any responsibility for the conformance of the <br />incomplete portions of the Project to the Documents and to hold Developer harmless <br />from any and all liability, costs, and expenses (including reasonable legal fees and <br />disbursements), relative to claims arising out of matters and /or events which occur <br />subsequent to the termination of this Agreement as a result of causes other than the <br />fault or negligence of Developer, or anyone for whose acts it is responsible, in <br />preparation of the Documents. Developer shall not be responsible for deficiencies <br />solely attributable to design work or modifications to the Documents performed by <br />others, or that arise from use of the Documents on a site other than that shown in the <br />Documents. <br />F:Atty /Agr /Agr.119 <br />050803 6 <br />