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(v) grant City approval to a plan, design, report, study or similar item, <br /> (vi) adopt or grant City approval of, policies, standards of guidelines fol City <br /> or fol any subdivision thereof <br /> B Does not serve in a staff capacity with City and in that capacity, participate in <br /> making a governmental decision of otherwise perform the same or substantially <br /> the same duties foi City that would otherwise be performed by an individual <br /> holding a position specified in City's Conflict of Interest Code under Government <br /> Code section 87302 <br /> 73 In the event City officially determines that Consultant must disclose its financial <br /> interests, Consultant shall complete and file a Fair Political Practices Commission Form <br /> 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written <br /> instructions provided by the City Cleik <br /> ARTICLE 8 — GENERAL CONSIDERATIONS <br /> 8 1 In the event any action is commenced to enforce of interpret any of the terms or <br /> conditions of this Agreement the prevailing Party shall, in addition to any costs and other <br /> relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the <br /> use of in-house counsel by a Party <br /> 82 Consultant shall not assign any of the Services, except with the prior written approval of <br /> City and in strict compliance with the terms and conditions of this Agreement <br /> 83 Records, drawings, designs, cost estimates, electronic data files, databases and any other <br /> documents developed by Consultant in connection with its performance of the Services, <br /> and any copyright interest in such documents, shall become the property of City and shall <br /> be delivered to City upon completion of the Services, or upon the request of City Any <br /> reuse of such documents, and any use of incomplete documents, shall be at City's sole <br /> risk <br /> 84 Consultant is for all purposes under this Agreement an independent contractor and shall <br /> perform the Services as an independent contractor Neither City nor its agents shall have <br /> control over the conduct of Consultant or Consultant's employees, except as herein set <br /> forth Consultant shall supply all necessary tools and instrumentalities required to <br /> perform the Services Assigned personnel employed by Consultant are for its account <br /> only, and in no event shall Consultant or personnel retained by it be deemed to have been <br /> employed by City or engaged by City foi the account of, or on behalf of City Consultant <br /> shall have no authority, express or implied, to act on behalf of City in any capacity <br /> whatsoever as an agent, nor shall Consultant have any authority, express or implied, to <br /> bind City to any obligation <br /> 85 Unless earlier terminated as provided for below, this Agreement shall terminate upon <br /> completion and acceptance of the Services by City This Agreement may be terminated <br /> by City, in its sole discretion, by providing not less than five (5) days prior written notice <br /> I kaldjmlAgreements\Ventas Creative Agency agreement.doe 4 <br />