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<br />Management Agreement, and (ii) require each Contractor designated by the City to deliver to the <br />City an executed Performance Bond in favor of the City on a form reasonably acceptable to the <br />City Attorney and equal in amount to 100% of the contract sum of such Contractor's Construction <br />Contract, as security for the faithful performance by such Contractor of his obligations under his <br />Construction Contract. <br />12.3 Payment Bond <br />Program Manager shall (i) post a Payment Bond in favor of the City in an amount equal to <br />100% of the direct costs component of the Project Budget, as security for the payment to the <br />Contractors, and (ii) requires each Contractor designated by the City to deliver to the City an <br />executed Payment Bond in favor of the City in an amount equal to 100% of the contract amount <br />such Contractor's Construction Contract as security for the payment of all persons performing labor <br />and furnishing materials under such Contractor's Construction Contract. <br />ARTICLE 13 <br />DESIGN AND PROGRAM MANAGEMENT WORK PRODUCT <br />The City acknowledges that al] reports, drawings, specifications, field data, field notes, <br />laboratory test data, calculations, estimates and other similaz documents prepared by Program <br />Manager and/or its Consultants aze instruments of professional service, not products. Although <br />ownership of such documents and any copyrights thereto or therein aze normally retained by <br />Program Manager, they nonetheless shall in this instance become the property of the City upon <br />final payment to Program Manager of any and all amounts owed or due under terms of this <br />Agreement. No such documents should be subject to unauthorized use or reuse, that is use or reuse <br />without prior written authorization of Program Manager to do so. Any reuse of the documents by <br />the City without express written authorization by the Program Manager shall be at the City's sole <br />risk and without liability or legal exposure to the Program Manager or its Consultants. The Program <br />Manager shall cause its Consultants to turn over to the City the following: Record Drawings (as- <br />builts) on mylaz (not sepia mylaz) signed by the azchitects and engineers, diskettes of computer <br />generated plans, equipment and product manuals, all contractor's warranties and guarantees. <br />ARTICLE 14 <br />TERMINATION <br />This Agreement maybe terminated at any time by either Program Manager or the City upon <br />written notice to the other party. If either party gives notice of tenmination, the City shall issue <br />payment for all services and work performed and costs incurred to the date of written notice. In the <br />event this Agreement is terminated, Program Manager's shall assign to the City, effective upon <br />such termination, al] of its agreements with the Project Team, subject to the prior rights of the <br />surety providing the payment and performance bond required under this Agreement. <br />13 <br />