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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />Attachment A <br />13. Audit Disclosure: Contractor shall allow City and its duly authorized <br />agents reasonable access to such of the Contractor's books and <br />records as are pertinent to all services provided under this Contract. <br />Any reports, information, data, etc. given to, prepared, or assembled <br />by Contractor under a future contract shall not be made available to <br />any other parties or party without the City's prior written approval. All <br />finished or unfinished documents, data, studies, surveys, drawings, <br />maps, models, photographs, or reports prepared by the Contractor <br />shall become the property of City upon termination of this Contract. <br />14. Utilities: The Contractor shall be obligated to protect all public and <br />private utilities, streets, or roadways, whether occupying a street or <br />public or private property. If such utilities, streets or roadways are <br />damaged by reason of the Contractor's operations, the Contractor <br />shall repair or replace same, or failing to do so promptly, the City <br />shall cause repairs or replacement to be made and the cost of doing <br />so shall be deducted from payment to be made to the Contractor. <br />15. Conflict of Interest: Contractor agrees that no member, officer, or <br />employee of the City shall have any interest, direct or indirect, in this <br />Contract or the proceeds thereof. Violation of this provision shall <br />cause this Contract to be null and void and the Contractor will forfeit <br />any payments to be made under the Contract. <br />16. Entire Contract: This Contract incorporates and includes herein the <br />RFP dated September 30, 2008. To the extent this contract conflicts <br />with the RFP, the terms of this contract control. This Contract and the <br />RFP incorporated supersede all verbal agreements and negotiations <br />between the parties relating to the subject matter hereof, as well as <br />any previous agreements presently in effect between the parties <br />relating to the subject matter hereof. Any alterations, amendments, <br />deletions, or waivers of the provisions of this Contract shall be valid <br />only when expressed in writing and duly signed by the parties, unless <br />otherwise provided herein. <br />17. Severabilitv: The provisions of this Contract are severable. If any <br />portion of the contract is, for any reason, held by a court of competent <br />jurisdiction to be contrary to law, such decision shall not affect the <br />remaining provisions of this Contract. <br />18. Street Improvements: This Contract is subject to the right of State of <br />Minnesota, Ramsey County, or the City to improve their highways <br />and streets. The Contractor accepts the risk that such improvements <br />�� <br />