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9. Termination for Convenience of City. City may terminate <br />this agreement at any time by mailing a notice in writing to <br />Consultant that the agreement is terminated. No further work <br />shall be performed by Consultant upon receipt of the notice of <br />termination. The agreement shall be deemed terminated upon <br />receipt of the notice by Consultant or two (2) days following the <br />mailing of said notice, whichever is earlier. <br /> <br /> 10. Non-Assiqnability. The agreement shall be deemed <br />personal to Consultant, and Consultant shall not assign, sublet <br />or transfer this agreement or any interest or obligation therein <br />without the prior written consent of the City, and then only upon <br />such terms and conditions as City may set forth in writing. <br />Provided, however, claims for money due or to become due to the <br />Consultant from the City under this agreement may be assigned to <br />a bank, trust company or other financial institution without such <br />approval. Notice of any said assignment or transfer shall be <br />furnished promptly to City. <br /> <br /> 11. Waiver. In the event that either City or Consultant <br />shall at any time or times waive any breach of this agreement by <br />the other, such waiver shall not consti'tute a waiver of any other <br />or succeeding breach of this agreement, whether of the same or <br />any other covered condition or obligation of this contract. <br /> <br /> 12. Independent Contractor. In the performance of the <br />obligations set forth in this agreement, consultant shall have <br />the status of an independent contractor and shall not be <br />considered to be an employee of the City for any purpose. <br /> <br /> - 4 - <br /> <br /> <br />