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obligations in this Agreement without the express prior written consent of the non- <br /> transferring party. <br /> 5. STATUS. In the performance of services hereunder, Consultant shall be, <br /> and is, an independent contractor, and shall not be deemed to be an employee or agent <br /> of City. <br /> 6. PERFORMANCE STANDARDS. In performing services hereunder, <br /> Consultant shall adhere to the standards generally prevailing for the performance of <br /> expert dispute resolution and claims consultation services similar to those to be <br /> performed by Consultant hereunder. <br /> 7. DOCUMENTS. Consultant shall provide City all pertinent documents, <br /> papers, reports, or other Attorney directed work product of a finished nature prepared <br /> by Consultant pursuant to the terms of this Agreement. All such items upon delivery to <br /> City shall become the property of City. All materials of a preliminary nature prepared or <br /> obtained in the performance of this Agreement, shall be made available, upon request. <br /> All Consultant prepared documents and work product shall be available for use by <br /> Consultant subject to restrictions based on confidentiality and privilege. <br /> 8. SCHEDULE. Consultant acknowledges the importance to City of City's <br /> Resolution Process and agrees to put forth its best professional efforts to perform its <br /> services under this Agreement in an expeditious fashion. City understands, however, <br /> that Consultant's performance must be governed by sound professional practices. The <br /> City also recognizes that the Resolution Process is a legal activity in which the <br /> Consultant has no control over time, schedules, calendars or other conflicts and <br /> activities of other participants and parties involved in the Resolution Process. <br /> F:Atty/Agr/Agr.172 <br /> 030304 3 <br />