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3.5.2 Delivery of Notices. All notices permitted or required under this <br />Agreement shall be given to the respective parties at the following address, or at such other <br />address as the respective parties may provide in writing for this purpose: <br />Consultant: <br />City: <br />Steven J. Rothans, Esq. <br />Carpenter, Rothans & Dumont <br />888 South Figueroa Street <br />Suite 1960 <br />Los Angeles, CA 90017 <br />City of Colton <br />650 North La Cadena Drive <br />Colton, CA 92324 <br />Attn: Bob Miller, Chief of Police <br />Such notice shall be deemed made when personally delivered or when mailed, forty-eight <br />(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at <br />its applicable address. Actual notice shall be deemed adequate notice on the date actual notice <br />occurred, regardless of the method of service. <br />3.5.3 Ownership of Materials and Confidentiality. <br />3.5.3.1 Documents & Data; Licensing of Intellectual Property. This <br />Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or <br />sublicense any and all copyrights, designs, and other intellectual property embodied in plans, <br />specifications, studies, drawings, estimates, and other documents or works of authorship fixed in <br />any tangible medium of expression, including but not limited to, physical drawings or data <br />magnetically or otherwise recorded on computer diskettes, which are prepared or caused" to be <br />prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require <br />all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license <br />for any Documents & Data the subcontractor prepares under this Agreement. Consultant <br />represents and warrants that Consultant has the legal right to license any and all Documents & <br />Data. Consultant makes no such representation and warranty in regard to Documents & Data <br />which were prepared by design professionals other than Consultant or provided to Consultant by <br />the City. City shall not be limited in any way in its use of the Documents and Data at any time, <br />provided that any such use not within the purposes intended by this Agreement shall be at City's <br />sole risk. <br />3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, <br />procedures, drawings, descriptions, computer program data, input record data, written <br />information, and other Documents and Data either created by or provided to Consultant in <br />connection with the performance of this Agreement shall be held confidential by Consultant. <br />Such materials shall not, without the prior written consent of City, be used by Consultant for any <br />purposes other than the performance of the Services. Nor shall such materials be disclosed to <br />any person or entity not connected with the performance of the Services. Nothing furnished to <br />RV PUB\NSTUBBS\743672. 1 <br />