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DAS:mm~ 1/19/89 (#38/037) <br /> DAS:mn~T 2/6/89R <br /> <br /> 4. ASSIGNABILITY. Consultant shall not subcontract, <br /> assign, sell, mortgage, hypothecate or otherwise transfer its <br /> interests or obligations in this Agreement in any manner, without <br /> the express written consent of City. <br /> <br /> 5. INDEPENDENT CONTRACTOR. In performance of such work, <br />it is expressly understood that Consultant is an independent <br />contractor and shall not be considered to be an employee of City <br />for any purpose. <br /> <br /> 6. OWNERSHIP OF DOCUMENTS. All reports, programs, plans, <br />specifications, studies, photographs, recordings, or other <br />documents or tangible things made or produced by Consultant in <br />completion of tasks assigned to it shall, upon submission or <br />delivery thereof to City, become the property of City. All <br />preliminary notes, personal memoranda, research, outlines, draft <br />documents or other documents or tangible things prepared or used <br />in preparation of matters to be submitted or delivered upon <br />completion of a task shall remain the property of Consultant. <br /> <br /> 7. TERMINATION. Either party may terminate this Agreement <br />at any time upon the giving ten (10) days written notice to the <br />other party. Such notice shall set forth the effective date of <br />such termination. In the event of such termination, City shall <br />pay to Consultant as full payment for all services performed and <br />all expenses incurred under this Agreement an amount which bears <br />the same ratio to the total fee otherwise payable under this <br />Agreement as the services actually rendered hereunder by the <br />Consultant bear to the total services necessary for the full <br /> <br /> 3 <br /> <br /> <br />