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<br />FEB-19-:SS5 lÐ:33 <br /> <br />MAA< THO1HS AND CO. I Nc. <br /> <br />408453 53913 <br /> <br />P.04/0? <br /> <br />7. <br /> <br />Reli31lce on Prof~ssiona1 Skill of Consultant. CONSUL TA..NT represents that it has <br />the necessary praÎessianal skills to perform the serviœs required and the CITY shall <br />rely on such skills ofme CONSULTANT to do and perform the work.. In performing <br />services h~rc1l!1der CoIlS.lltant shall adhere to the standards generally prevailing far <br />the performance of exp~rt comulting se-..rices simiJar to those to be perfonned by <br />Consultant hereunder. <br /> <br />8. <br /> <br />Documents. .All documems, plans, drawings, renderings, a.d other papers, or copies <br />thereof, as ftnally rendered, prepared by Co!lSulta."lt pLL-suant to the t~rms of this <br />A~eement, shall, uponprepararion and delivery to City, œcocne tb~propc::rtyofCity. <br /> <br />9. <br /> <br />Rdðtionsbt' of Parties. It is understood that the relationship of CqNSUL T ANT to <br />the CITY is that of an independent contractor and all persons working for or und~r <br />the ¿irection of CONStTL TANT arc its agents or employees and net agents or <br />employees of the CITY. <br /> <br />10. <br /> <br />Schedule. Consultant shall generally adhere to th~ schedule set forth in Exhibit A; <br />provided., thaI City shall grant r~onable extensions of ti.m: for the performance of <br />such services occasioned by governmental reviews of Consultant's work product or <br />other unavoidable delay~ occas¡oned by circumstances; provided. furth~, that such <br />1.lru1voidable delay shaIll1ot include strikes, lockoUts, work stoppages, or oilier labor <br />disturbances conducted by, or on behalf of, Consultant's office:rs or ernp]oye~s. <br /> <br />Conroltant acknowledg:s the importance to Cit'j of City's Project schedule and <br />agrees to put forth its best professional efforts to pe:form its scrvices under this <br />Agr~ement in a manner consistent with that schedule. Ci!)' understands, however, <br />that Consultant's pcrfornmce must be governed by sound engineering practices. <br /> <br />11. <br /> <br />Non-AssiQnment.. This Agreement is not assignable either in whole or in part. <br /> <br />12. <br /> <br />Amendmen~. This Agreexruo:I1t may be am~ndtd or modified only by written <br />agreement signed by both parties. <br /> <br />13. <br /> <br />Validity. Tne invalidity in whole or in part of any provision of this Agreement shall <br />not void Or affect the validity of any other provision of this Agreement. <br /> <br />14. <br /> <br />Gove:min~ Law. This Ag...--eement shall be governed by the laws of the State of <br />California and any suit or actiOrl initiated by either party shall be bro~ht in the <br />County ofSa!1Ma~a, C~ifornia. In the event ofli"Dgation between tl1e parties hereto <br />to enforce any provision of the Agreement, the un.successful party .,."ill pay the <br />reasonable expenses of litigation of the succ~ss:ful party. <br /> <br />Q:',C:"".&I11I""",^.~;n.cn,,\M...kTh.=>."'P'i <br /> <br />3 <br /> <br />, .....,...............",'..,,'"'-,-....,.-..----, <br />