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<br />City of Arden Hiiis <br /> <br />RFP for Planning Consultant Services <br /> <br />m. Conflict and Priority <br /> <br />In the event that a conflict is found between provisions in this Contract, the <br />Contractor's Proposal or the City's Request for Proposals, the provisions in the <br />following rank order shall take precedence: 1) Contract; 2) Proposal; and last 3) <br />Request for Proposals. <br /> <br />n. Ownership of Materials <br /> <br />All finished or unfinished documents, data, studies, surveys, maps, models, <br />photographs, reports or other materials resulting from this Contract shall become the <br />property of the City upon final approval of the finai report or upon request by the <br />City at any time before then. <br /> <br />The City may use, extend, or enlarge any document produced under this Contract <br />without the consent, permission of, or further compensation to the Contractor. <br /> <br />o. Conflict of Interest <br /> <br />By signing this Contract, the Contractor agrees that it will not represent any other <br />party or other client which may create a conflict of interest in its representation with <br />the City. If the Contractor is unclear if a conflict of interest exists, the Contractor will <br />immediately contact the City department Contract manager and ask for an <br />interpretation. <br /> <br />p. Termination <br /> <br />The City may cancel this Contract for any reason without cause upon thirty (30) days <br />written notice, except that if either party fails to fulfill its obligations under the <br />Contract in a proper and timely manner, or otherwise violates the terms of this <br />Contract, the other party shall have the right to terminate this Contract, if the <br />default has not been cured after a ten (10) days written notice has been provided. If <br />termination shall be without cause, the City shall pay Contractor all cornpensation <br />earned to the date of termination. If the termination shall be for breach of this <br />Contract by Contractor, the City shall pay Contractor all compensation earned prior <br />to the date of termination minus any damages and costs incurred by the City as a <br />result of the breach. If the Contract is canceled or terminated, all finished or <br />unfinished documents, data, studies, surveys, maps, models, photographs, reports <br />or other materials prepared by the Contractor under this Contract shall, at the option <br />of the City, become the property of the City, and the Contractor shall be entitled to <br />receive just and equitable compensation for any satisfactory work completed on such <br />documents or materials prior to the termination. <br /> <br />Notwithstanding the above, the Contractor shall not be relieved of liability to the City <br />for damages sustained by the City as a result of any breach of this Contract by the <br />Contractor. <br /> <br />Issued: February 4, 2008 <br /> <br />14 <br />