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<br />6. Performance Standards <br /> <br />Consultant represents that its personnel are qualified to furnish arboricultural services of the <br />type and quality which City requires. City expressly relies on Consultant's representations <br />regarding its skills and knowledge. Consultant shall promptly perform all Services requested by <br />City in a safe manner and in accordance with all federal, state, and local operation and safety <br />regulations. Consultant shall work closely with and be guided by City. Consultant shall also <br />perform all work in accordance with generally accepted business practices and performance <br />standards of the industry. <br /> <br />7. Ownership of Materials <br /> <br />All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally <br />rendered, prepared by Consultant pursuant to the terms of this Agreement, shall, upon <br />preparation and delivery to City, become the property of City. <br /> <br />8. Copyrights <br /> <br />Consultant will have the right to make one (1) copy of the work product for Consultant's records. <br />Consultant agrees that all copy rights that arise from the Services will be vested in City and <br />Consultant relinquishes all claims to the copyrights in favor of City. <br /> <br />9. Schedule <br /> <br />Consultant shall perform services hereunder in a reasonably expeditious manner upon <br />notification from City that a heritage tree application has been received. City shall grant <br />reasonable extensions of time for delays occasioned by unavoidable circumstances; provided, <br />that such circumstances shall not include strikes, lockouts, work stoppages, or other labor <br />disturbances conducted by, or on behalf of, Consultant's officers or employees. <br /> <br />10. Term of AQreement <br /> <br />Unless this paragraph is subsequently modified by a written amendment to this Agreement, the <br />term of this Agreement shall begin on the Effective Date and terminate at the completion of <br />performance of services hereunder by Consultant. Consultant shall complete Services within <br />the time limits set forth in the Scope of Services or as mutually determined in writing by the <br />Parties. <br /> <br />11. No Third Party Beneficiarv <br /> <br />This Agreement shall not be construed to be an agreement for the benefit of any third party or <br />parties, and no third party or parties shall have any claim or right of action under this <br />Agreement. <br /> <br />12. SubcontractinQ <br /> <br />None of the Services under this Agreement shall be performed by sub-consultants unless <br />Consultant specifically identifies sub-consultants in writing and City pre-approves such sub- <br />consultants in writing. Consultant shall be as fully responsible to City for the acts and omissions <br /> <br />A TTY/AGR/2006.01 0 <br />3/10/06 <br /> <br />3 <br />