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10.2. Consultant is not entitled to worker's compensation benefits except as may be <br />Provided by the Consultant nor to unemployment insurance benefits unless <br />unemployment compensation coverage is provided by the Consultant or some <br />entity other than the City. <br />10.3. Consultant does not have the authority to act for the City, or to bind the City in any <br />respect whatsoever, or to incur any debts or liabilities in the name of or on behalf of the <br />City. <br />10.4. Consultant has and retains control of and supervision over the performance of <br />Consultant's obligations hereunder and control over any persons employed by <br />Consultant for performing the Services hereunder. <br />10.5. The City will not provide training or instruction to Consultant or any of its employees <br />regarding the performance of the Services hereunder. <br />10.6. Neither the Consultant nor any of its officers or employees will receive benefits of any <br />type from the City. <br />10.7. Consultant represents that it is engaged in providing similar services to other clients <br />and/or the general public and is not required to work exclusively for the City. <br />10.8. All Services are to be performed solely at the risk of Consultant and Consultant shall take <br />all precautions necessary for the proper and sole performance thereof. <br />10.9. Consultant will not combine its business operations in any way with the City's business <br />operations and each party shall maintain their operations as separate and distinct. <br />11.0 ASSIGNMENT <br />Except as provided in section 22.0 hereof, Consultant shall not assign or delegate this Agreement <br />or any portion thereof, or any monies due or to become due hereunder without the City's prior <br />written consent. <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 <br />this 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 />