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City upon receiving a written request thirty (30)days in advance of said time <br /> limitation. The City shall have no obligation or liability to pay any invoice for work <br /> performed which the Consultant fails or neglects to submit within sixty(60) days, or <br /> any extension thereof granted by the City, after the work is accepted by the City. <br /> 5. Sufficiency of Consultant's Work. All reports, drawings, designs, plan review comments <br /> and work product shall be adequate and sufficient to meet the purposes for which they are <br /> prepared. <br /> 6. Ownership of Work. All reports, data, work product, and all other documents completed or <br /> partially completed by CONSULTANT in the performance of this Agreement shall become the <br /> property of the CITY. All materials shall be delivered to the City upon completion or <br /> termination of the work under this Agreement. If any materials are lost, damaged or destroyed <br /> before final delivery to the City, the Consultant shall replace them at its own expense. Any and <br /> all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant <br /> agrees to execute any additional documents that may be necessary to evidence such assignment. <br /> Consultant shall keep materials confidential. Materials shall not be used for purposes other than <br /> performance of services under this Agreement and shall not be disclosed to anyone not <br /> connected with these services, unless the City provides prior written consent. <br /> 7. Changes. City may request changes in the scope of services to be provided by Consultant. <br /> Any changes and related fees shall be mutually agreed upon between the parties and subject to a <br /> written amendment to this Agreement. <br /> 8. Consultant's Status. In performing the obligations set forth in this Agreement, Consultant <br /> shall have the status of an independent contractor and Consultant shall not be considered to be an <br /> employee of the City for any purpose. All persons working for or under the direction of <br /> Consultant are its agents and employees and are not agents or employees of City. <br /> 9. Termination for Convenience of City. The City may terminate this Agreement at any time <br /> by mailing a notice in writing to Consultant. The Agreement shall then be deemed terminated, <br /> and no further work shall be performed by Consultant. If the Agreement is so terminated, the <br /> Consultant shall be paid for that percentage of the work actually completed at the time the notice <br /> of termination is received. <br /> 10. Non-Assignability. The Consultant shall not assign, sublet, or transfer this Agreement or <br /> any interest or obligation in the Agreement without the prior written consent of the City, and <br /> then only upon such terms and conditions as City may set forth in writing. Consultant shall be <br /> solely responsible for reimbursing subcontractors. <br /> 11. Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless, <br /> the City and its officers, agents and employees from and against all claims, losses, damage, <br /> injury, and liability for damages arising from, or alleged to have arisen from, errors, omissions, <br /> negligent or wrongful acts of the Consultant in the performance of its services under this <br /> Agreement, regardless of whether the City has reviewed or approved the work or services which <br /> has given rise to the claim, loss, damage, injury or liability for damages. This indemnification <br /> 2IPage <br />