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<br />" ð~ <br /> <br />5. ASSIGNABILITY. Consultant, City, nor Agency shall subcontract, assign, <br /> <br />sell, mortgage, hypothecate or otherwise transfer their respective interests or <br /> <br />obligations in this Agreement without the express prior written consent of the non- <br /> <br />, transferring Parties. <br /> <br />6. STATUS. In the performance of services hereunder, Consultant shall be, and <br /> <br />is, an independent contractor, and shall not be deemed to be an employee or agent of <br /> <br />City and/or Agency. <br /> <br />7. <br /> <br />PERFORMANCE STANDARDS. <br /> <br />In performing services hereunder, <br /> <br />Consultant shall adhere to the standards generally prevailing for the performance of <br /> <br />expert consulting services similar to those to be performed by Consultant hereunder. <br /> <br />8. <br /> <br />DOCUMENTS. All documents, plans, drawings, reports, records, CD's, <br /> <br />floppy disks, renderings, and other papers, or copies thereof, as finally rendered, <br /> <br />prepared by Consultant pursuant to the terms of this Agreement, shall, upon <br /> <br />preparation and delivery to City and/or Agency, become the property of City and/or <br /> <br />Agency as the case may be. <br /> <br />Consultant may use, for marketing purpose and <br /> <br />reference, copies of the final documents and final grap~ics. <br />" <br /> <br />9. SCHEDULE. Consultant shall perform work under this Agreement only at the <br /> <br />express direction of City and/or Agency staff, evidenced in writing, <br /> <br />10. TERM: TERMINATION. <br /> <br />(a) The term of this Agreement shall commence upon the date first hereinabove <br /> <br />written and shall expire upon the expenditure of all funds mentioned in paragraph 2 of <br /> <br />this Agreement unless this Agreement is amended to increase the specified funding, <br /> <br />(b) Notwithstanding the provisions of (a) above, either party may terminate this <br /> <br />" <br /> <br />Agreement without cause by giving written notice thereof not less than ten (10) days <br /> <br />F:Atty/Agr/Agr,065 <br />101002 <br /> <br />3 <br /> <br />_. T <br />