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<br />on the basis of experience and qualifications as a professional engineer. Consultant does not <br />guarantee that proposals, bids, or actual Project costs will not vary from Consultant's opinion of <br />probable costs or that actual schedules will not vary from Consultant's project schedules. <br /> <br />8. Reuse of Documents. All documents, including but not limited to, drawings, specifications, and <br />computer software prepared by Consultant pursuant to this Agreement are instruments of service <br />in respect to a Project. They are not intended or represented to be suitable for reuse by City or <br />others on extensions of a project or on any other project. Any reuse by the City without prior <br />written verification or adaptation by Consultant for the specific purpose intended will be at City's <br />sole risk and without liability or legal exposure to Consultant. City shall defend, indemnify, and <br />hold harmless Consultant against all claims, losses, damages, injuries, and expenses, including <br />attorneys' fees, arising out of or resulting from such reuse, Any verifications or adaptation of <br />documents will entitle Consultant to additional compensation at rates to be agreed upon by City <br />and Consultant. <br /> <br />9. Ownership of Documents and Intellectual Property. Except as otherwise provided herein, <br />documents, drawings, and specifications prepared by Consultant as part of the Services shall <br />become the property of City, provided, however, that Consultant shall have the right to their use <br />in its ordinary course of business. Consultant and City shall each retain rights in their standard <br />drawings details, specifications, data bases, computer software and other proprietary property. <br />Rights to intellectual property developed, utilized or modified in the performance of the Services <br />shall be the joint property of Consultant and City, provided that Consultant shall have the right to <br />use said property in its ordinary course of business. <br /> <br />IN WITNESS WHEREOF, said parties have caused this Agreement to be signed by their only authorized <br />officers in three counterparts, each of which shall be deemed an original, on the day and year first written. <br /> <br />ATTEST: <br /> <br />CITY OF PARIS, TEXAS <br /> <br />City Clerk <br /> <br />Mayor <br /> <br />ATTEST: <br /> <br />BUCHER, WILLIS & RATLIFF CORPORATION <br /> <br />'M..~ cu-/ :~ ,.) <br />, <br /> <br />I j~l~I'{JlU ~~.___ <br /> <br />Kevin D. Newman <br />PrincipaVExecutive Vice President <br /> <br />Page 5 <br />