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d. Whenever the scope of work requires or permits review, <br />approval, conditional approval or disapproval by the City, it is understood that such <br />review, approval, conditional approval or disapproval is solely for the purposes of <br />administering this Agreement and determining whether the Consultant is entitled to <br />payment for such work, and not be construed as a waiver of any breach or acceptance <br />by the City of any responsibility, professional or otherwise, for the work, and does <br />not relieve the Consultant of responsibility for complying with the standard of <br />performance or laws, regulations, industry standards, or from liability for damages <br />caused by negligent acts, errors, omissions, noncompliance with high industry <br />standards, or the willful misconduct of Consultant. <br />7. Ownership of Work. All reports, work data, plans, drawings, <br />specifications, designs, photographs, images, works of authorship and all other <br />documents completed or partially completed by Consultant in the performance of this <br />Agreement ("materials") shall become the property of City. Consultant agrees that <br />all copyrights which arise from creation of the work pursuant to this Agreement shall <br />be vested in the City, and Consultant waives and relinquishes all claims to copyright <br />or other intellectual property rights in favor of the City. All materials shall be <br />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 <br />the City, the Consultant shall replace them at its own expense. Any and all <br />copyrightable subject matter in all materials is hereby assigned to the City and the <br />Consultant agrees to execute any additional documents that may be necessary to <br />evidence such assignment. Consultant shall keep materials confidential and the <br />materials shall not be used for purposes other than performance of services under this <br />Agreement and shall not be disclosed to anyone not connected with these services, <br />unless the City provides prior written consent. <br />8. 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 upon <br />between the parties and subject to a written amendment to this Agreement. <br />9. 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. All <br />persons working for or under the direction of Consultant are its agents and employees <br />and are not agents or employees of City. <br />10. Labor Code/Prevailing Wages. To the extent applicable, Consultant <br />shall comply with the requirements of the California Labor Code including but not <br />3 <br />