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/0.,4-7 <br /> <br /> 5. ASSIGNABILITY. Consultant. City, nor Agency shall su'bcontract, assign; <br />sell, mortgage, hypothecate or otherwise transfer their respective interests or <br />obligations in this Agreement without the express prior written consent of the non- <br />transferring Parties. <br /> <br /> 6. STATUS. In the performance of services hereunder, Consultant shall be, and <br />is, an independent contractor, and shall not be deemed to be an employee or agent of <br />City and/or Agency. <br /> <br /> 7. PERFORMANCE STANDARDS. In performing services hereunder, <br />Consultant shall adhere to the standards generally prevailing for the performance of <br />expert consulting services similar to those to be performed by Consultant hereunder. <br /> <br /> 8. DOCUMENTS. All documents, plans, drawings, reports, records, CD's, <br />floppy disks, renderings, and other papers, or copies thereof, as finally rendered, <br />prepared by Consultant pursuant to the terms of this Agreement, shall, upon <br />preparation and delivery to City and/or Agency, become the property of City and/or <br />Agency as the case may be. Consultant may use, for marketing purpose and <br />reference, copies of the final documents and final graphics. <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 /> written and shall expire upon the expenditure of all funds mentioned ir,.~agraph 2 of <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 /> Agreement without cause by giving written notice thereof not tess than ten (10) days <br /> <br /> F:Atty/Agr/Agr.065 <br /> 092602 3 <br /> <br /> <br />