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<br />NOW, THEREFORE, in consideration of the mutual covenants and agreements <br />hereinafter contained and other good and valuable consideration, the receipt and <br />sufficiency of which is hereby acknowledged, it is agreed by and between the parties <br />hereto as follows: <br /> <br />SECTION 1: GENERAL <br /> <br />1.1 The term "CONSULTANT" as used in this Agreement is hereby defined herein to <br />include all principals of the CONSULTANT including, but not limited to, full time <br />employees, professional or otherwise, and all other, agents, employees, subconsultants <br />and/or subcontractors retained by the CONSULTANT to perform its obligations <br />hereunder. <br /> <br />1.2 The CONSULTANT acknowledges that the CITY may retain other service <br />providers to provide the same services for CITY projects. The CONSULTANT <br />acknowledges that the CITY, at the CITY's option, may request proposals from the <br />CONSULTANT and the other service providers for CITY projects. The CITY reserves <br />the right to select which service provider shall provide services for the CITY's projects. <br /> <br />1.3 The CONSULTANT agrees to provide and ensure coordination between service <br />providers. <br /> <br />1.4 This Agreement is for services pertaining to CONSULTANT services as set forth <br />herein and in the Exhibit to this Agreement (the Proposal) hereto and as otherwise <br />directed by the CITY to include all labor and materials that may be required. <br /> <br />1.5 The recitals herein are true and correct and form and constitute a material part of <br />this Agreement upon which the parties have relied. <br /> <br />1.6 Each party hereto represents to the other that it has undertaken all necessary <br />actions to execute this Agreement, and that it has the legal authority to enter into this <br />Agreement and to undertake all obligations imposed on it. <br /> <br />1.7 Time is of the essence of the lawful perfonmance of the duties and obligations <br />contained in this Agreement to include, but not be limited to, each Work Order. The <br />parties covenant and agree that they shall diligently and expeditiously pursue their <br />respective obligations as set forth in this Agreement and each Work Order. <br /> <br />SECTION 2: SCOPE OF SERVICES <br /> <br />The CONSULTANT shall diligently and in a professional and timely manner perform the <br />work included in the Proposal (Exhibit A) and each Work Order. The work and services <br />relates to various consulting services relating to the provision of development advice <br />relating to the City Center Project. Unless modified in writing by the parties hereto, the <br /> <br />2 <br />