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. 5. i �= � <br /> Attadtment 1 A <br /> 4. No Guarantees; Entire Agreement. Nothing in this Agreement and <br /> nothing in our statements to you should be construed as a guarantee or promise about the <br /> outcome of the Transaction or any phase thereof. We make no such guarantees or promises. <br /> Comments about the course or outcome of the Transaction or any phase thereof which we may <br /> make from time to time aze expressions of opinion only. The written Agreement constitutes the <br /> entire Agreement between the parties hereto with respect to NGK&E services and neither party <br /> has been induced to make or enter into this Agreement by reason or promise, agreement, <br /> representation, statement or warranty other than as herein contained. <br /> 5. Other Representation. NGK&E may, from time to time, have clients <br /> with interests which may be potentially adverse to the City. NGK&E reserves the right to <br /> represent said clients except on matters directly relating to the issuance and sale of the <br /> Obligations. Prior to any such undertaking, NGK&E shall notify the City in writing. <br /> 6. Work Product. Our files developed in the course of work undertaken <br /> pursuant to this Agreement aze your property. We will release those files to you ar to anyone else <br /> you designate upon your written request delivered to the attomey in charge of this matter. <br /> However, such a request will sigiufy the end of this engagement if it is then still ongoing. You <br /> agree that we may, in our sole discretian, copy all or any portion of such files at your expense and <br /> retain such copies, and that we may have a reasonable period of time before releasing the <br /> documents to you or your designee in order to make the copies. We will from tiine to time send <br /> portions of your files that aze not currently needed to an off-site storage facility. The cost of <br /> using this facility will be our sole expense. However, we are not the guazantor of the security of <br /> any off-site storage facility. Accordingly, you agree that the firm will not be responsible for any <br /> damages which may occur as a result of the loss of any of your files which we store at an off-site <br /> storage facility. You also agree that we may, after the passage of two years without our having <br /> performed any work for you pursuant to this engagement, destroy the files of this engagement <br /> without further notice to you unless you have previously provided us with written instructions to <br /> forward the files to you or to another person you designate. <br /> 7. Insurata��. We cazry professional liability insurance which would cover <br /> the services we will be providing under the terms of this Agreement. That insurance is subject to <br /> a self-insured retention. <br /> 8. Privacy Policy. Please be advised that we have adopted a privacy <br /> policy in compliance with the requirements of the Gramm-Leach-Bliley Act, a copy of which is <br /> attached to this letter. If you have any questions concerning our Privacy Policy, please contact <br /> us. <br /> 9. Notices. All notices, demands, requests, consents and approvals given, <br /> required or permitted to be given hereunder, shall be contained in writing and shall be deemed <br /> sufficiently given if sent by express delivery service or by registered or certified mail, postage <br /> prepaid and return receipt requested, addressed to the parties at the addresses set forth above or <br /> on any addendum or counterpart to this Agreement, or to such other address as the recipient shall <br /> Attachment 1A-3 <br />