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KIMLEY HORN AND ASSOCIATES, INC. (2)
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KIMLEY HORN AND ASSOCIATES, INC. (2)
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Last modified
4/7/2023 12:16:25 PM
Creation date
7/13/2021 4:22:01 PM
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Contracts
Company Name
KIMLEY HORN AND ASSOCIATES, INC.
Contract #
A-2020-241-27
Agency
Planning & Building
Council Approval Date
12/1/2020
Expiration Date
11/30/2023
Destruction Year
2028
Notes
For Insurance Exp. Date see Notice of Compliance
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2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful <br />misconduct of the Consultant. <br />8. INTELLECTUAL PROPERTY INDEMNIFICATION <br />Consultant shall defend, indemnify and hold harmless the City, its officers, agents, <br />representatives, and employees against any and all liability, including costs, and attorney's fees, <br />for infringement of any United States' letters patent, trademark, or copyright contained in the work <br />product or documents provided by Consultant to the City pursuant to this Agreement, <br />9. RECORDS <br />Consultant shall keep records and invoices in connection with the work to be performed <br />trader this Agreement. Consultant shall maintain complete and accurate records with respect to <br />the costs incurred under this Agreement and any services, expenditures, mud disbursements <br />charged to the City for a minimum period of three (3) years, or for any longer period required by <br />law, from the date of final payment to Consultant under this Agreement. All such records and <br />invoices shall be clearly identifiable. Consultant shall allow a representative of the City to <br />examine, audit, and make transcripts or copies of such records and any other documents created <br />pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all <br />work, data, documents, proceedings, and activities related to this Agreement for a period of three <br />(3) years from the date of final payment to Consultant under this Agreement. <br />10. CONFIDENTIALITY <br />If Consultant receives from the City information which clue to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Consultant agrees that <br />it shall not use or disclose such information except in the performance of this Agreement, and <br />further agrees to exercise the same degree of care it uses to protect its own information of like <br />importance, but in no event less than reasonable care. "Confidential Information" shall include all <br />nonpublic information. Confidential information includes not only written information, but also <br />information transferred orally, visually, electronically, or by other means. Confidential <br />information disclosed to either party by any subsidiary and/or agent of the other party is covered <br />by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any <br />information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the <br />Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant <br />without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) <br />is independently developed by the Consultant without reference to information disclosed by the <br />City. <br />11. CONFLICT OF INTEREST CLAUSE <br />Consultant covenants that it presently has no interest and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of services. <br />Page 5 of 9 <br />
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