AgdaPkt 2010-11-08 - Laserfiche WebLink

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6.1 D Page 11 ; ' I i {25) Copyri�ht. Upon City's request, Consulfant shall execute appropriate documents � to assign to the City the copyright to work creatad pursuant to this Agreement. The issuance of a ; copyright to Consultant or any other person shall not affect City's rights to the materials and records prepared or obtained in the performance of this Agreement. City zeserves a license to use such materials and records without resiriction or limitation consistent with the intent of the original design, and City shall not be required ta pay any additional fee or royalty for such materials or records. The license reserved by City shall continue fibm the date of execution of this Agreement unless extended by operation of law or otherwise. (26) Time is of the Essence, Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with the schedule specified in the mutually agreed Tmplementation Plan to be developed. In the performance of this Agreemeiit, time is of the essence. (2'7) Whole Agreement. This Agreement has 11 pages excluding any exhibits described on its signature page. This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates aIl of the terms and conditions mentioned herein or incidental hereto and suparsedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. Where the ternis of the - Eachibits herain conflict with this Agreement, this Agreement sha11 prevail. This Agreement shall be interpreted as if it were prepared jointly by both the City and Consultant. (28) Multiple Copies of Agreement. Multipie copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of City's City Clerk is the version of the Agreement that shatl take precedence should any differences exist among countezparts of the document, (28) Delavs in Pro ress, The Consultant is not responsible for damage or delay in performance caused by events beyond the control af the Consultant. In the event Consultant's services are suspended, delayed, or interrupted for the convenience of the City or delays occur beyond the conh•ol of the Consultant, an equitable adjustment in ConsultanYs time of performance and cost of Consultant's personnel and subcontractors shall be made. (29) Revisions of Work Scone. City reserves the right to direct revision of Consultant's services as may be necessaiy. When Consultant is directed to make revisions under this section of the Agreement, Consultant shall advise City of the probable eosts involved in - completing services and the time of performance for such completion. In the event City and Consultant cannot agree on equitable compensation for services rendered in making revisions, then, at City's option, Consultant shall either continue performance under the revised Agreement and an equitable adjustment in Consultant's time of performance and cost of Cor�sultant's personnei shall be made at completion of the revised work, or Consultant shall not be obligated to continue perfarmance under the revised Agl�eement. A'ITY/AGR/2010. I 19 ! 0/I9/10 y