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For extra work done pursuant to Section 1E above, the <br />fee should be on a time-and-materials basis, not to exceed $4,000 <br />during the term of this Agreement. <br /> <br /> 5. Consultant's Status. In the performance of the <br />obligations set forth in this Agreement, Consultant shall have <br />the status of an independent contractor and Consultant shall not <br />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 <br />agents, servants, and employees and are not agents, servants, or <br />employees of City. <br /> <br /> 6. Termination for Convenience of City. The City may <br />terminate this Agreement any time by mailing a notice in writing <br />to consultant that the Agreement is terminated. Said Agreement <br />shall then be deemed terminated, and no further work shall be <br />performed by Consultant. If the Agreement is so terminated, the <br />Consultant shall be paid for that work actually completed, based <br />on a time-and-materials basis for the work done as described in <br />Section 1A - 1D herein, at the time the notice of termination is <br />received. <br /> <br /> 7. Non-Assignability. The Consultant shall not assign, <br />sublet, or transfer this Agreement or any interest or obligation <br />therein without the prior written consent of the City, and then <br />only upon such terms and conditions as City may set forth in <br />writing. <br /> <br /> 8. Indemnify and Hold Harmless. Consultant shall defend, <br />indemnify, and hold harmless, the City and its officers and <br />employees from and against all claims, losses, damage, injury, <br />and liability for damages arising from errors, omissions, <br />negligent or wrongful acts of the Consultant in the performance <br />of its services under this Agreement. This indemnification shall <br />extend for a reasonable period of time after completion of the <br />project, as well as during the period of actual performance of <br />services under this Agreement. Acceptance of the insurance <br />certificates required under this Agreement does not relieve the <br />Consultant from liability under this indemnity and hold harmless <br />clause. <br /> <br /> 9. Notices. All notices herein required shall be in writing <br />and shall be sent by certified or registered mail, postage <br />prepaid, addressed as follows: <br /> <br /> To City: City Manager <br /> City of Pleasanton <br /> 200 Old Bernal Avenue <br /> P. O. Box 520 <br /> Pleasanton, CA 94566 <br /> <br /> To Consultant: J. Jack Bras & Associates <br /> 90 Mission Drive <br /> Pleasanton, CA 94566 <br /> <br /> - 3 - <br /> <br /> <br />