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tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or <br /> telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or <br /> description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the <br /> CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, <br /> or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. <br /> For purposes of this AGREEMENT, "ESP' means any and all computer data or electronic recorded media of any <br /> kind, including"Native Files", that are stored in any medium from which it can be retrieved and examined, either <br /> directly or after translation into a reasonably useable form. ESI may include information and/or documentation <br /> stored in various software programs such as: Email, Outlook, Word, Excel,Access, Publisher,PowerPoint,Adobe <br /> Acrobat, SQL databases, or any other software or electronic communication programs or databases that the <br /> CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup <br /> tapes, smart phones, thumb drives, CDs, DVDs, floppy disks,work computers, cell phones, laptops or any other <br /> electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any <br /> personal devices used by the CONSULTANT or any sub-consultant at home. <br /> "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally <br /> created, viewed, and /or modified. <br /> The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in <br /> relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in <br /> writing by the AGENCY prior to the execution of such subcontract. <br /> In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year shown in the <br /> "Execution Date" box on page one (1) of this AGREEMENT. <br /> Signature Date <br /> Signature Date <br /> Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office <br /> of the Attorney General. <br /> Agreement Number: <br /> Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 <br /> Revised 311112016 31 <br />