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SECTION X - GENERAL PROVISIONS
<br />5.01 City's Responsibilities.
<br />(a) The City shall provide available information regarding its requirements for each
<br />project, including related budgetary information, and shall cooperate fully with the
<br />Design Consultant at all times. However, the City does not guarantee the accuracy
<br />of any such information and assumes no liability therefore. The Design Consultant
<br />shall notify City in writing of any information or requirements provided by the City
<br />which the Design Consultant believes to be inaccurate or inappropriate to the design
<br />or construction of the project.
<br />(b) If the City observes or otherwise becomes aware of any fault or defect in the project
<br />or non-conformance with Contract Documents, it shall give prompt notice thereof to
<br />Design Consultant.
<br />5.02 Ownership of Documents.
<br />(a) The City shall have title and all intellectual and other property rights, in and to all
<br />phased and final Design documents, and all data used in the development of the
<br />same, including the results of any tests, surveys or inspections at the Project site, and
<br />all photographs, drawings, drafts, studies, estimates, reports, models, notes and any
<br />other materials or work products, whether in electronic or hard copy format, created
<br />by the Design Consultant pursuant to this Agreement, in preliminary and final forms
<br />and on any media whatsoever (collectively, the "Documents"), whether the Project
<br />for which the Documents were created is executed or not. The Design Consultant
<br />shall identify and disclose, as requested, all such Documents to the City.
<br />(b) To the extent permitted by the U.S. Copyright Act, 17 USC § 101 et seq., as the same
<br />may be amended from time to time, the Documents are a "work made for hire," and
<br />all ownership of copyright in the Documents shall vest in the City at the time the
<br />Documents are created. To the extent that the Documents are not a "work made for
<br />hire," the Design Consultant hereby assigns and transfers all right, title and interest
<br />in and to the Documents to the City, as of the time of the creation of the Documents,
<br />including the right to secure copyright, patent, trademark, and other intellectual
<br />property rights throughout the world and to have and to hold such copyright,
<br />patent, trademark, and other intellectual property rights in perpetuity.
<br />(c) The Design Consultant shall provide (and cause its employees and subcontractors to
<br />provide) all assistance reasonably requested in securing for the City's benefit any
<br />patent, copyright, trademark, service mark, license, right or other evidence of
<br />ownership of such Documents, and shall provide full information regarding the
<br />Documents and execute all appropriate documentation in applying for or otherwise
<br />registering, in the City's name, all rights to such Documents.
<br />(d) The Design Consultant agrees to allow the City to review any of the procedures used
<br />in performing the work and services hereunder, and to make available for inspection
<br />the field notes and other documents used in the preparation for and performance of
<br />any of the services performed hereunder.
<br />(e) The Design Consultant shall be permitted to retain reproducible copies of all of the
<br />Documents for the information and reference, and the originals of all of the
<br />Documents, including all CAD disks, shall be delivered to the City promptly upon
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