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<br />4. ASSIGNABILITY. Neither Consultant nor City shall subcontract, assign, sell, <br /> <br />mortgage, hypothecate or otherwise transfer their respective interests or obligations in <br /> <br />this Agreement without the express prior written consent of the non-transferring party. <br /> <br />5. 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. <br /> <br />6. <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 engineering and geological services similar to those to be performed <br /> <br />by Consultant hereunder. <br /> <br />DOCUMENTS. <br /> <br />All documents, plans, drawings, renderings, and other <br /> <br />7. <br /> <br />papers, or copies thereof, as finally rendered, prepared by Consultant pursuant to the <br /> <br />terms of this Agreement, shall, upon preparation and delivery to City, become the <br /> <br />property of City. <br /> <br />8. SCHEDULE. Consultant shall generally adhere to the schedule set forth in <br /> <br />Exhibit "A"; provided, that City shall grant reasonable extensions of time for the <br /> <br />performance of such services occasioned by governmental reviews of Consultant's <br /> <br />work product or other unavoidable delays occasioned by circumstances; provided, <br /> <br />further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, <br /> <br />or other labor disturbances conducted by, or on behalf of, Consultant's officers or <br /> <br />employees. <br /> <br />Consultant acknowledges the importance to City of City's Project schedule and <br /> <br />agrees to put forth its best professional efforts to perform its services under this <br /> <br />F:Atty/Agr/Agr.146 <br />081503 <br /> <br />3 <br /> <br />.. ,. ,,-,_..,.. "'-""-""'" <br />