4.13. SR 05-18-2015 - Laserfiche WebLink

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7.2 Subcontracting by ARTIST The ARTIST may subcontract portions of the services to be provided hereunder at the ARTIST'S expense provided that said subcontracting shall not negatively affect the design, appearance, or visual quality of the ART WORK and shall be carried out under the personal supervision of the ARTIST. The ARTIST must obtain approval from the CITY prior to hiring any subcontractor. If the CITY does not approve the hiring of any subcontractor, another subcontractor must be submitted for approval by the CITY. Article 8. Termination If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. In the event of default by the CITY, the CITY shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the ARTIST under this agreement shall at the CITY'S option become its property, provided that no right to fabricate or execute the ART WORK shall pass to the CITY and the CITY shall compensate the ARTIST pursuant to Article 2 for all services performed by the ARTIST prior to termination; or the ARTIST shall refund all amounts paid by the CITY in exchange for all finished and unfinished related ART WORKS. Notwithstanding the previous sentence, the ARTIST shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by the ARTIST, and the CITY may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the CITY from the ARTIST is determined. Article 9. Compliance The ARTIST shall comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the ARTIST'S services under this Agreement. Article 10. General Terms 10.1 Records Access. The ARTIST shall provide CITY access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this agreement are closed. 10.2 Subcontractor Payment. The ARTIST shall pay any subcontractor involved in the performance of this agreement within ten (10) days of the ARTIST's receipt of payment by CITY for undisputed services provided by the subcontractor. If the ARTIST fails within that time to pay the subcontractor any undisputed amount for which the ARTIST has received payment by the CITY, the ARTIST shall pay interest to the subcontractor on the unpaid amount 5