Laserfiche WebLink
shall not be construed to extend to any injury, loss, or damage which is caused by the act, omission, <br />or other fault of the City. <br />9.0 QUALITY OF WORK <br />Consultant's professional services shall be in accordance with the prevailing standard of practice <br />normally exercised in the performance of services of a similar nature in the Denver metropolitan <br />area. <br />10.0 INDEPENDENT CONTRACTOR <br />Consultant and any persons employed by Consultant for the performance of work hereunder shall be <br />independent contractors and not agents of the City. Any provisions in this Agreement that may <br />appear to give the City the right to direct Consultant as to details of doing work or to exercise a <br />measure of control over the work mean that Consultant shall follow the direction of the City as to <br />end results of the work only. As an independent contractor, Consultant is not entitled to <br />workers' compensation benefits except as may be provided by the independent contractor nor <br />to unemployment insurance benefits unless unemployment compensation coverage is provided <br />by the independent contractor or some other entity. The Consultant is obligated to pay all <br />federal and state income tax on any moneys earned or paid pursuant to this contract. <br />11.0 ASSIGNMENT <br />Consultant shall not assign or delegate this Agreement or any portion thereof, or any monies due or <br />which become due hereunder without the City's prior written consent. Any assignment or delegation <br />in violation of this Section 11 shall be voidable at the option of the City. <br />12.0 DEFAULT <br />Each and every term and condition hereof shall be deemed to be a material element of this <br />Agreement. In the event either party should fail or refuse to perform according to the terms of this <br />Agreement, such party may be declared in default. <br />13.0 TERMINATION <br />13.1 This Agreement may be terminated by either party for material breach or default of this <br />Agreement by the other party not caused by any action or omission of the other party by <br />giving the other party written notice at least thirty (30) days in advance of the termination <br />date. Termination pursuant to this Subsection shall not prevent either party from exercising <br />any other legal remedies which may be available to it. <br />4 <br />62 <br />