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Section 8. RELEASE: Pursuant to California Public Contract Code Section 7100, the acceptance by CM/GC of an undisputed payment made under the terms of this Agreement shall operate as, and shall be, a release to City/Agency and its duly authorized agents, from all claims of and/or liability to CM/GC arising by yirtue of the contract related to those amounts. Disputed contract claims in stated amounts may be specifically excluded by CM/GC from the operation of the release. Section 9. ASSIGNABILITY: CM/GC shall not subcontract, assign, sell, mortgage, hypothecate or otherwise transfer its interests or obligations in this Agreement without the City/Agency's express prior written consent. Section 10. STATUS: In the performance of services hereunder, CM/GC shall be, and is, an independent contractor, and shall not be deemed to be an employee or agent of City/Agency. Section 11. PERFORMANCE STANDARDS: In performing Services hereunder, CM/GC shall adhere to the standards generally prevailing for the performance of expert construction management services similar to those to be performed by CM/GC hereunder. Section 12. DOCUMENTS: All documents, studies, reports, estimates, schedules and other work developed or prepared by CM/GC in connection with performance of the Services or the Project (collectively "Documents"), regardless of degree of completion and whether or not Services have been fully performed or paid for, shall be the property of City/Agency, which ownership right includes the right to use the Documents on the Project, or any other project, at no additional cost to City/Agency. City/Agency's ownership rights in the Documents shall exist whether or not this Agreement is terminated. Upon the earliest of the following events: completion of the Project, termination, abandonment or suspension of this Agreement, CM/GC shall promptly deliver all Documents to the City/Agency in paper and electronic form. Delivery of all Documents is a condition precedent to final payment under this Agreement. CM/GC will deliver Documents to City/Agency at any time within ten (10) calendar days of City/Agency's written request. Section 13. SCHEDULE AND TIME: CM/GC shall manage the Project so as to achieve Final Completion within the Contract Time, as the Contract Time may be adjusted in accordance with the Contract Documents. Time is of the essence with regard to performance of this Agreement. Atty/Agr/2005.003 030805/L. Beck/50? 588v? Page 8 of 30 ..,-...,..,------- --"'T'