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said time limitation. The CITY shall have no obligation or liability to pay any invoice <br /> for work performed which the CONSULTANT fails or neglects to submit within sixty <br /> (60) days, or any extension thereof granted by the CITY, after the work is accepted by <br /> the CITY. <br /> c. CONSULTANT acknowledges that the CITY has contracts with other <br /> companies also providing similar plan check and inspection services, such that <br /> CONSULTANT does not have the exclusive right to perform such services for the <br /> CITY, even if work done under this Agreement is less than $250.000. <br /> 5. Sufficiency of CONSULTANT's Work. All plan review comments, inspection <br /> reports, and work product shall be adequate and sufficient to meet the purposes for <br /> which they are prepared. <br /> 6. Ownership of Work. All plan review comments, inspection reports, and work <br /> product, and all other documents completed or partially completed by CONSULTANT in <br /> the performance of this Agreement shall become the property of the CITY. All materials <br /> shall be delivered to the CITY upon completion or termination of the work under this <br /> Agreement. If any materials are lost, damaged or destroyed before final delivery to the <br /> CITY, the CONSULTANT shall replace them at its own expense. Materials shall not be <br /> used for purposes other than performance of services under this Agreement and shall <br /> not be disclosed to anyone not connected with these services, unless the CITY provides <br /> prior written consent. <br /> 7. Changes. CITY may request changes in the scope of services to be <br /> provided by CONSULTANT. Any changes and related fees shall be mutually agreed <br /> upon between the parties and subject to a written amendment to this Agreement. <br /> 8. CONSULTANT's Status. In performing the obligations set forth in this <br /> Agreement, CONSULTANT shall have the status of an independent contractor and <br /> CONSULTANT shall not be considered to be an employee of the CITY for any purpose. <br /> All persons working for or under the direction of CONSULTANT are its agents and <br /> employees and are not agents or employees of CITY. <br /> 9. Termination at Convenience of CITY. The CITY may terminate this <br /> Agreement at any time by mailing a notice in writing to CONSULTANT. The Agreement <br /> shall then be deemed terminated, and no further work shall be performed by <br /> CONSULTANT. If the Agreement is so terminated, the CONSULTANT shall be paid for <br /> the work actually completed at the time the notice of termination is received. <br /> 10. Non-Assignability. CONSULTANT shall not assign, sublet, or transfer this <br /> Agreement or any interest or obligation in the Agreement without the prior written <br /> consent of the CITY, and then only upon such terms and conditions as CITY may set <br /> forth in writing. CONSULTANT shall be solely responsible for reimbursing approved <br /> subcontractors. <br /> 2 <br />