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FXS:dft 5/04/95 (004/73) <br /> 5/09/95R <br /> 5/17/95R <br /> FXS:rg 6/20/95R <br /> 7/06/95R <br /> 7/20/95R <br /> 8. RELIEF OF SURETY. No payment or delay in payment, and <br /> <br />no change in extension, addition or alteration of any provisions <br />of said Contract, or in said plans and profiles, detail drawings, <br />and specifications, and forbearance on the part of the City, <br />shall operate to relieve any surety or sureties from liability on <br />the bond, and consent thereto without notice to or sent by such <br />surety, is hereby given. <br /> <br /> 9. RELEASE. Pursuant to California Public Contract Code <br />Section 7100, the acceptance by CM/GC of an undisputed payment <br />made under the terms of this Agreement shall eperate as, snd <br />shall be, a release to City, and their duly authorized agents, <br />from all claims of and/or liability to CM/GC arising by virtue of <br />the contract related to those amounts. Disputed contract claims <br />in stated amounts may be specifically excluded by CM/GC from the <br />operation of the release. <br /> <br /> 10. ASSIGNABILITY. Neither CM/GC nor City shall <br />subcontract, assign, sell, mortgage, hypothecate or otherwise <br />transfer their respective interests or obligations in this <br />Agreement without the express prior written consent of the <br />non-transferring party. <br /> <br /> 11. STATUS. In the performance of services hereunder, CM/GC <br />shall be, and is, an independent contractor, and shall not be <br />deemed to be an employee or agent of City. <br /> <br /> 12. PERFORMANCE STANDARDS. In performing services <br />hereunder, CM/GC shall adhere to the standards generally <br />prevailing for the performance of expert construction management <br />and General Contractor services similar to those te be performed <br />by CM/GC hereunder. <br /> <br /> 8 <br /> <br /> <br />