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tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or <br />telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or <br />description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the <br />CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, <br />or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. <br />For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any <br />kind, including "Native Files' , that are stored in any medium from which it can be retrieved and examined, either <br />directly or after translation into a reasonably useable foini ESI may include information and/or documentation <br />stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe <br />Acrobat, SQL databases, or any other software or electronic communication programs or databases that the <br />CONSULTANT may use in the performance of its operations ESI may be located on network servers, backup <br />tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other <br />electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any <br />personal devices used by the CONSULTANT or any sub -consultant at home. <br />`Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is nonually <br />created, viewed, and /or modified. <br />The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in <br />relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in <br />writing by the AGENCY prior to the execution of such subcontract. <br />In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the <br />`Execution Date" box on page one (1) of this AGREEMENT. <br />June 10, 2021 <br />Signature Date <br />Signature Date <br />Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office <br />of the Attorney General. <br />Agreement Number LA-9863 <br />Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 <br />Revised 01/01/2020 <br />