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MAY -15-03 THU 09:17 AM CITYOFCOLTON FAX NO. 909 370 5109 P.09
<br />be deamed. made when P�o&y delivered or whin snarled, ��
<br />Such notice shall d and �3�dxe�ssQd to the p�Y at its
<br />(og) hours aft deposit in the t.i.S. MaiL fast class p~ .
<br />applicable addressAzMal
<br />Mice sball. be deemed adequate; notice on t1�c date actual notice
<br />occumod, r eams of the method of sory M.
<br />'
<br />3.5.3 of '
<br />f '
<br />3.5.3.1 D ' This
<br />ent creme a non-exclusive and perpetual license for City to copy$ uW, Momys ?muwftor
<br />subhCCIDSC any and all copyrights, designs, and other intellectual prwpedy embodied in phms,
<br />•inany
<br />�, drawitags, estimates, and odw documents or works of d`
<br />fi cal drawings or data n Y
<br />tangible medium of expression, including but not limited to, physical
<br />of otherwise recorded on computer diskettes, which are prepared or caused to be prepared by
<br />Consadtam under this ,pgceMNt
<br />& Data'). Consnitarn shall reqs all subcontractors
<br />to agree in writing that City is granted a non-09clusive and prcpetual license for any DocumcDts iii
<br />ares under this Agreement. Cvnsult�t and warrants that
<br />Data the subcoDtractor prep
<br />Consultant has the legal right to lice m any and all Documents & Data. Consultant makes no such
<br />roprewntauon and warranty in regard to Documents & Data which were "ared by deagn
<br />profewonals other than Consultant or provided to Ci Consultsat by the City. City shell not be limited
<br />in any way in its useof the Documents and Data at any time, provided that any such use not within
<br />the purposes ; intended by this Agroemmt shall be at City's 9010 risk.
<br />3.5.32
<br />• All ideas, manoranda, $pocifica#ions, plays,
<br />&rawbV% dascriptzons, computer pmt data, mut record data, wri ten
<br />Documents and Data either created by or provided to t M eoE,mo�ectian with the
<br />and other
<br />performance of thisAgreemetit aba11 be held Confidential by such materials shall not,
<br />without the prior written consent of City, be used by Consultant for any purposes other than the
<br />perfonnaonce of the Se Mees. Not shaU such materials be disclosed to any person or
<br />entItY not
<br />connected with the of the Services or. the Project. Nothing furnished to Con tact
<br />which is otherwise known to Consultant or is Smerally known, or has become known, to ft rotated
<br />in shall be de aned.Consultant shall not use City's name, or insiViM photog;Vbs
<br />• • pertaining to the Services Of the Project in any Pte''
<br />of the Project, or any publicity P g
<br />riew , television or radio mon or other similar medium without the prior;rittean consort
<br />of City.
<br />3.5.4 cogonfim Pmgbff Acts. The Parties shall fully cooperate with one
<br />another, and shall take ,any additional acts or sin any additional documents as maY be necessary,
<br />appropriate or convenient to attain the purposes of this Agreement•
<br />3.5.5 • If either party eomnunces an action against the other party,
<br />either legal, adnn- ' Arative or otherwise, arising out of or in connection with this Agreement. the
<br />prev6f8 party in such litigation shaU be entitled to have and recover from the losing party =ason-
<br />able allomcy's few and all other costs of such action.
<br />3.5.6 n_on. Consultant shall defbnd, indemnify and hold the City, its
<br />ofciats, odic% CMPIoycM, volunteers *ad agmts atoc =d h„vmIms from any acid all clairnz,
<br />causes of action, costs, vgm'ses, li"ty, loss, damage or injury, in law or equity, to
<br />
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