|
If authorized by the City's representatives, Contractor may use and operate City -
<br />owned tools and equipment (collectively, the "City Equipment") in the
<br />performance of the Services. While the City will endeavor to provide the City
<br />Equipment in good working order, it is provided "as is" with no representations or
<br />warranties, express or implied, including without limitation concerning its
<br />condition, merchantability, design, capacity, performance, material,
<br />workmanship, or fitness for any particular purpose. The City, its officers,
<br />employees, and insurers (collectively, the "Releasees") disclaim any liability
<br />whatsoever for loss, damage, or injury to Contractor, its officers, employees, or
<br />any person acting under Contractor's control (collectively, the "Releasors") as a
<br />result of any defects, latent or otherwise, in the City Equipment. Releasors
<br />waive, release, and discharge the Releasees from any and all claims, demands
<br />and actions, including attorney fees and court costs, for any injury, loss or
<br />damage of any kind arising out of or related to use of the City Equipment,
<br />whether or not caused by the act, omission, negligence or other fault of the
<br />Releasees, or by any other cause whatsoever, excepting only willful and wanton
<br />conduct.
<br />15.0 INSPECTION AND AUDIT
<br />The City and its duly authorized representatives shall have access to any books,
<br />documents, papers, and records of the Contractor that are related to this
<br />Agreement for the purpose of making audits, examinations, excerpts, and
<br />transcriptions.
<br />16.0 DOCUMENTS
<br />All computer input and output, analyses, plans, documents photographic images,
<br />tests, maps, surveys, electronic files and written material of any kind generated in
<br />the performance of this Agreement or developed for the City in performance of
<br />the Services are and shall remain the sole and exclusive property of the City. All
<br />such materials shall be promptly provided to the City upon request therefor and
<br />at the time of termination of this Agreement, without further charge or expense to
<br />the City and in hardcopy or an electronic format acceptable to the City, or both,
<br />as the City shall determine. Contractor shall not provide copies of any such
<br />material to any other party without the prior written consent of the City.
<br />Contractor shall not use or disclose confidential information of the City for
<br />purposes unrelated to performance of this Agreement without the City's written
<br />consent.
<br />17.0 ENFORCEMENT
<br />17.1 In the event that suit is brought upon this Agreement to enforce its terms, the
<br />prevailing party shall be entitled to its reasonable attorneys' fees and related
<br />court costs.
<br />7
<br />
|