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<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. PERFORMANCE STANDARDS. While performing the Services, Consultant <br /> <br />will exercise the reasonable professional care and skill customarily exercised by <br /> <br />reputable members of Consultant's profession practicing in the Northern California Bay <br /> <br />Area, and will use reasonable diligence and best judgment while exercising its <br /> <br />professional skill and expertise. <br /> <br />7. <br /> <br />DOCUMENTS. <br /> <br />All documents, plans, drawings, renderings, and other <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 />.. <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.033 <br />051302 <br /> <br />3 <br /> <br />.-,.. ".. ._~ - <br />