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IX. <br />Right to Ins sect Records <br />CONSULTANT agrees that CITY shall have access to and the right to examine <br />any books, documents, papers and records of CONSULTANT involving transactions <br />relating to this Contract on the condition that CITY substantially performs its obligations <br />under this Contract, including prompt payment of all sums due. CONSULTANT agrees <br />that CITY shall have access during normal working hours to all necessary <br />CONSULTANT facilities and shall be provided adequate and appropriate work space in <br />order to conduct audits in compliance with the provisions of this section. CITY shall <br />give CONSULTANT reasonable advance notice of intended audits. <br />CONSULTANT further agrees to include in subcontract(s), if any, a provision that, <br />on the condition that CITY substantially performs its obligations under this Contract, <br />including prompt payment of all sums due, any subcontractor or architect agrees that <br />CITY shall have access to and the right to examine any directly pertinent books, <br />documents, papers and records of such engineer or sub -contractor involving transactions <br />to the subcontract, and further, that CITY shall have access during normal working hours <br />to all such architect or sub -contractor facilities and shall be provided adequate and <br />appropriate work space, in order to conduct audits in compliance with the provisions of <br />the paragraph. CITY shall give any such architect or sub -contractor reasonable advance <br />notice of intended audits. <br />X. <br />Successors and Assi ns <br />CITY and CONSULTANT each bind themselves and their successors, executors, <br />administrators and assigns to the other party to this contract and to the successors, <br />executors, administrators and assigns of such other party in respect to all covenants of <br />this Contract. Neither CITY nor CONSULTANT shall assign or transfer its interest <br />herein without the prior written consent of the other. <br />XI. <br />CONSULTANT's Liability <br />Acceptance of the final plans by the CITY shall not constitute nor be deemed a <br />release of the responsibility and liability of CONSULTANT, its employees, associates, <br />agents or consultants for the accuracy and competency of their designs, working <br />drawings, specifications or other documents and work; nor shall such acceptance be <br />deemed an assumption of responsibility by CITY for any defect in the designs, working <br />drawings, specifications or other documents and work; nor shall such acceptance be <br />deemed an assumption of responsibility by CITY for any defect in the designs, working <br />drawings, specifications or other documents and work prepared by said CONSULTANT, <br />its employees, associates, agents or sub -consultants. Notwithstanding the foregoing or <br />any term or condition to the contrary, the CONSULTANT shall be entitled to rely on and <br />shall not be responsible for, the accuracy, completeness, and timeliness of, services and <br />Structural Engineering Services Contract <br />Jason Hart Engineering, PLLC Page 7 of 24 <br />