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Agmt01 Smith-Emery (3)
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Agmt01 Smith-Emery (3)
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Last modified
8/11/2005 4:59:12 PM
Creation date
3/18/2002 8:31:01 AM
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Template:
Agreement
Contractor Name
Smith-Emery Co.
PROJECT NAME
ECR Medians Landscape
RMP File Number
304
Date
9/20/2001
Reso Ref
14374
MO Ref
02-28
Task Order
Yes
Box
5959
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4. ASSIGNABILITY. Neither Consultant nor City shall subcontract, assign, sell, <br />mortgage, hypothecate or otherwise transfer their respective interests or obligations in <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 />is, an independent contractor, and shall not be deemed to be an employee or agent of <br />City. <br /> <br /> 6. PERFORMANCE STANDARDS. In performing services hereunder, <br />Consultant shall adhere to the standards generally prevailing for the performance of <br />expert consulting engineering services similar to those to be performed by Consultant <br />hereunder. <br /> <br /> 7. DOCUMENTS. All documents, plans, drawings, renderings, and other <br />papers, or copies thereof, as finally rendered, prepared by Consultant pursuant to the <br />terms of this Agreement, shall, upon preparation and delivery to City, become the <br />property of City. <br /> <br /> 8. SCHEDULE. Consultant shall generally adhere to the schedule set forth in <br />Exhibit A; provided, that City shall grant reasonable extensions of time for the <br />performance of such services occasioned by governmental reviews of Consultant's <br />work product or other unavoidable delays occasioned by circumstances; provided, <br />further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, <br />or other labor disturbances conducted by, or on behalf of, Consultant's officers or <br />employees. <br /> <br /> Consultant acknowledges the importance to City of City's Project schedule and <br />agrees to put forth its best professional efforts to perform its services under this <br /> <br />F:Atty2001Shared/Redwood/Council/Agmt/Agmt-511 3 <br /> <br /> <br />
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