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Consultant: <br />City: ` <br />PurkissRose-RSI <br />801 North Harbor Blvd. <br />Fullerton, CA 92832 <br />Attn.: Steve Lang, ASLA <br />Project Manager <br />City of Colton <br />650 North La Cadena Drive <br />Colton, CA 92324 <br />Attn: Amer Jalcher, P.E., Ciry Engineer <br />Engineering Deparhnent <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 notices shall be deemed adequate notice on the date actual notice <br />occurred, regazdless of the method of service. <br />3.53 Ownership of Materials and Confidentia]itv. <br />3.5.3.1 Documents & Data; Licensine of Intellectual Propertv. "Ihis <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 Services of authorship fixed <br />in any tangible medium of expression, including but not limited to, physical drawin�s or data <br />magnerically or otherwise recorded on computer diskettes, which are prepared or caused to be <br />prepazed by Consultant under this Agreement ("Documents & Data"). Consultant shall require <br />all sub-consultants to agree in writing that City is granted a non-exclusive and perpetual license <br />for any Documents & Data the sub-consultants 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 ott�er 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 />3.53.2 Confidentialitv. All ideas, memoranda, specifications, plans, <br />procedures, drawings, descriptions, computez program data, input record data, written <br />information, and other pocuments 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 />0 <br />