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Supplier prior to engagement,or not for its performance of this Agreement.Notwithstanding <br /> the foregoing,nothing herein shall prohibit Supplier from reusing any of the works created <br /> pursuant to the award of this solicitation or for the City of Everett, to the extent that such <br /> works do not contain confidential or proprietary information of the City.The Supplier <br /> expressly represents and warrants that the Work shall be original and shall not infringe on <br /> another's copyright,or rights in trade or service marks.If awarded,the Supplier agrees to <br /> defend and indemnify City from any and all claims and damages arising out of <br /> representations and warranties related to the originality of • • . . . • . : •, <br /> Agreement or the Work created. <br /> Holland&Knight wishes to make changes to this section as shown above. <br /> SECTION 5-CITY OF EVERETT <br /> GENERAL CONDITIONS <br /> Termination.City Either party,at its sole discretion,may terminate this Contract for <br /> convenience at any time for any reason.Termination is effective immediately upon notice of <br /> termination given by either party the-City.In the event this Contract is terminated prior to <br /> the full delivery of goods and/or services.Supplier will only be paid for the work or goods <br /> accepted,at the City's sole discretion,at the time of termination of the Contract. <br /> Holland&Knight seeks the mutual right to terminate.Accordingly,we request modification as <br /> shown above. <br /> Ownership of Records and Documents.All materials,writings and products produced by <br /> Supplier in the course of performing this Contract shall immediately become the property of <br /> the City.In consideration of the compensation provided for this Contract,the Supplier <br /> hereby further assigns all copyright interests in such materials,writing and products to the <br /> City.A copy may be retained by the Supplier and the City grants to Supplier a perpetual, <br /> worldwide,no-charge,royalty free,irrevocable right to reuse the materials, writings,and <br /> products produced in the course of performing this Contract so long as such materials, <br /> writings,and products do not contain confidential or proprietary information of the City. <br /> Holland&Knight requests modifications as shown above. <br /> Holland 8c Knight Confidential Presentation for the City of Everett I 50 <br />