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• <br /> services rendered under this agreement were allegedly unnecessary, unauthorized, <br /> omitted entirely, or were improperly, negligently or incompetently rendered) will be <br /> determined by submission to arbitration as provided by California law, and not by a <br /> lawsuit or resort to court process except as California law provides for judicial review of <br /> arbitration proceedings. Both parties to this agreement, by entering into it, are giving <br /> up their constitutional right to have any such dispute decided in a court of law <br /> before a jury, and instead are accepting the use of arbitration. Each party is to bear <br /> its own attorney's fees and costs. <br /> 5. File Retention <br /> After our services conclude, Attorney will, upon City's request, deliver the file for <br /> the matter to City, along with any funds or property of City's in our possession. If City <br /> requests the file for the matter, Attorney will retain a copy of the file at the City's <br /> expense. If City does not request the file for this matter, we will retain it for a period of <br /> seven (7) years after this matter is closed. If City does not request delivery of the file for <br /> this matter before the end of the seven (7) year period, we will have no further obligation <br /> to retain the file and may, at our discretion, destroy it without further notice to City. At <br /> any point during the seven (7) year period, City may request delivery of the file. <br /> 6. Assignment <br /> This Agreement is not assignable without the written consent of City. <br /> 7. Independent Contractor <br /> It is understood and agreed that Attorney, while engaged in performing the terms <br /> of this Agreement, is an independent contractor and not an employee of City. <br /> 459719.1 LC001 -009 3 <br />