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— — _ DRI4FT � � � � <br /> 5. ASSIG TY . Nei@ier _� nor Agency shall subcontract, assign, sell, mortgage, <br /> hypothac�is e or c�rwise V�r their respedive interests or obligatlons in this Agreement without <br /> — the�iress prior �pten cons�of the non-Vansferting party. <br /> 6. SFiiBLS =� o ri�nce of Services hereunder, Developer and the Developers <br /> = —�+^��ctors� Consultant3�re, and shall be, independent contractors. Neither the City nor the <br /> Agencg�,lall � any responsibility for payment to any Consultant, Contractor, subconVactor or <br /> = supplier o`F�e Deve�er in connection with performance of the Services. <br /> = 7. DOCUA�ITS. �All documents, plans, drawings, renderings, and other papers, or copies <br /> �reof, inch�ing drafts, working papers, prepared by Developer or Developer's Contractors and <br /> Cor�ltaa� pursuant to the tertns of this Agreement (collectiveiy "Documents"), shall be and <br /> become the property of City and Agency. Developer shall deliver all Documents to City and <br /> Agency on the earlier of (a) the substantial completion date of the Project, (b) the date of <br /> termination of this Agreement for any reason prior to substantial completion of the Project, or (c) <br /> within three days of a written request from Ciry. The Documents may be used by City or Agency <br /> and their agents, employees, representatives, and assigns, in whole or in part, or in medified fortn, <br /> for all purposes City or Agency may deem advisable in connection with completion and <br /> maintenance of, and additions to, the Public Parking Facility and/or the Project, withoid further <br /> employment of or payment of any compensation to Developer, or its Cont�actors or Consultants; <br /> provided, however, that if this Agreement is terminated for any reason prior to completion of the <br /> Project and if under such circumstances City or Agency uses, or engages the services of and <br /> I directs another velo r to use,_such documents to complete_ the Pro'ect,_ Ci and/or A en__ __,.-- "� ��' � <br /> �-----�- - - - - ---------------------------- - - - ---� - - - �----------- S- � <br /> agree to release Developer from any responsibility for the conformance of the incomplete portions <br /> � of the Project to the Documents and to hold Developer harmless from any and all liability, costs, <br /> and expenses (inctuding reasonable legal fees and disbursements), relative to Gaims arising out of <br /> matters and/or events which occur subsequent to the termination of this Agreement as a result of <br /> � causes other than the fault or ross negligence of Developer, or anyone for whose acts it is <br /> i <br /> responsible, in preparation of the Documents. <br /> 8. SCHEDULE <br /> A. Time is of the essence in performance of this Agreement. <br /> B. Developer shall complete construction of the Public Parking Facility and all other <br /> Services at least thirty (30) days before the Project or any portion of it is open to the public for w�maeae: rarc: e cc <br /> uderea: ssan��o u�esr000� <br /> 9126/03 13 <br /> j �68'?v1033786lOOOt � <br /> .. ___._____...__....__.._._."._._.....__.__�._-_______-___._...'.__'_ <br /> DBB100903/Agr.147 �-'---------------------------, <br />