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10. TERMINATION OF AGREEMENT This Agreement may be terminated by the Director upon 30 days written notice of termination to CONSULTANT. In such event, CONSULTANT, shall be entitled to receive and CITY shall pay CONSULTANT compensation for all services performed by CONSULTANT for work actually performed to the end of the 30 day period. As a condition of such payment, the Director may require CONSULTANT to deliver to CITY all work product completed as of such dated, and in such case such work product shall be the property of CITY, and CONSULTANT consents to CITY'S use thereof for such purposes as CITY deems appropriate. 11. MISCELLANEOUS PROVISIONS` A. By signing this Agreement, CONSULTANT certifies that it does not discriminate in hiring on the basis of race, color, creed, religion,, sex, age, marital status, national origin, ancestry, physical handicap, or medial conditions. B. CONSULTANT shall not assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of the Director; provided, however, that claims for money due or to become due from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to the Director. C. CONSULTANT agrees that CONSULTANT is an independent contractor and not an employee of CITY and all CONSULTANT's personnel shall be employees or subcontractors of CONSULTANT and not employees of CITY. CONSULTANT shall pay all salaries and wages, employers social security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19D -23 Page 21 of 27