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officers, employees, agents, or subcontractors, shall not voluntarily provide declarations, letters
<br />of support, testimony at depositions, response to interrogatories or other information concerning
<br />the project or cooperate in any way with a parry who may be adverse to City or whom Consultant
<br />reasonably should Know may be adverse in any subsequent litigation. Consultant shall incur no
<br />liability under this Agreement for materials submitted by it which are later released by City, its
<br />oilicers, employees, or agents. Consultant shall also incur no liability for statements made by it
<br />at any public meeting, or for any document released by it for which prior written City
<br />authorization was obtained.
<br />If Consultant or any of its officers, employees, consultants, or subcontractors does
<br />voluntarily provide information in violation of this Agreement, City has the right to
<br />reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct-
<br />-including attorney's fees.
<br />Consultant shall promptly notify City should Consultant, its officers, employees, agents or
<br />subconu~actors be served with any Summons, Complaint, Subpoena, Notice of Deposition,
<br />Request for Documents, Interrogatories, Request for Admissions or other discovery requests
<br />from any party regarding this agreement and the work performed hereunder. City retains the
<br />right, but not the obligation, to represent Consultant and/or to be present at any deposition,
<br />hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide
<br />Cite with the opportunity to review any response to discovery requests provided by Consultant.
<br />I lowever, Ciq~'s right to review any such response does no[ imply or mean the right by City to
<br />control, direct, or rewrite said response.
<br />City warrants that Consultant will have fully met the requirements of this provision by
<br />obtaining City's written approval prior to providing documents, testimony, or declarations;
<br />Consulting with City before responding to a Subpoena or court order; in the case of depositions
<br />upon providing Voticc to City of same, or providing City opportunity to review discovery
<br />responses prior submission. For purposes of this section, a written authorization from CityY
<br />shall include a "faxed" letter.
<br />K. CONFLICT OF INTEREST CLAUSE
<br />Consultant covenants that it presently has no interests and shall not have interests, direct
<br />or indirect, which would conflict in any manner with performance of services specified under
<br />this Agreement. Consultant further covenants that in the performance of this Agreement, no
<br />person having such interest shall be employed by them as an officer, employee, agent or
<br />subconu~actor.
<br />9. NOTICE
<br />Any notice, tender, demand, delivery, or other communication pwsuant to this
<br />ngrcement shall be in writing and shall be deemed to be properly given if delivered in person or
<br />mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
<br />telegraphic communication in the manner provided in this Section, to the following persons:
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