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8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the <br /> C) parties. <br /> • <br /> 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this <br /> Agreement contemplates personal performance by Consultant and is based upon a <br /> determination of Consultant's unique personal competence,experience, and specialized <br /> personal knowledge. Moreover, a substantial inducement to City for entering into this <br /> Agreement was and is the professional reputation and competence of Consultant. • <br /> Consultant may not assign this Agreement or any interest therein without the prior written <br /> approval of the Contract Administrator. Consultant shall not subcontract any portion of the <br /> performance contemplated and provided for herein, other than to the subcontractors noted <br /> • in the proposal, without prior written approval of the Contract Administrator. <br /> 8.5 Survival. All obligations arising prior to the termination of this Agreement and all <br /> . provisions of this Agreement allocating liability between City and Consultant shall survive <br /> the termination of this Agreement. <br /> 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms <br /> of this Agreement, City's remedies shall included, but not be limited to, the following: • <br /> 8.6.1 Immediately terminate the Agreement; <br /> 8.6.2 Retain the plans, specifications, drawings, reports,design documents, and any <br /> C_• <br /> other work product prepared by Consultant pursuant to this Agreement; <br /> ) <br /> 8.6.3 Retain a different consultant to complete the work described in Exhibit A not <br /> finished by Consultant; or <br /> • <br /> 8.6.4 Charge Consultant the difference between the cost to complete the work <br /> described in Exhibit A that is unfinished at the time of breach and the amount that <br /> City would have paid Consultant pursuant to Section 2 if Consultant had <br /> completed the work. <br /> Section 9. KEEPING AND STATUS OF RECORDS. <br /> 9.1 Records Created as Part of Consultant's Performance. All reports,data, maps, <br /> models, charts, studies, surveys, photographs, memoranda, plans, studies,specifications, <br /> records, files,or any other documents or materials, in electronic or any other form, that <br /> Consultant prepares or obtains pursuant to this Agreement and that relate to the matters <br /> covered hereunder shall be the property of the City. Consultant hereby agrees to deliver <br /> those documents to the City upon termination of the Agreement. It is understood and <br /> agreed that the documents and other materials, including but not limited to those described <br /> above, prepared pursuant to this Agreement are prepared specifically for the City and are <br /> • not necessarily suitable for any future or other use. City and Consultant agree that, until <br /> 1 i final approval by City, all data, plans,specifications, reports and other documents are <br /> Consulting Services Agreement between East San Leandro Bikeway Design Project <br /> City of San Leandro and Aliquot Associates Page 10 of 14 <br /> Project No. 120-28-189 <br />