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and to such work and shall execute any and all documents reasonably necessary to effect or <br />evidence such assignment and transfer. <br />3. COMPENSATION <br />a. Agency agrees to pay, and Consultant agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement shall not exceed $40,000.00 during the term of this Agreement. <br />b. Payment by Agency shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to Agency accounting procedures. Payment need <br />not be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by Agency. <br />4. TERM <br />This Agreement shall commence on the date first written above and terminate on ,Tune 30, <br />2009, unless terminated earlier in accordance with Section 13, below. The term of this <br />Agreement may be extended upon a writing executed by the Executive Director of the Agency <br />and the Agency General Counsel. <br />5. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the Agency. This Agreement is not intended nor <br />shall it be construed to create an employer - employee relationship, a joint venture relationship, or <br />to allow the Agency to exercise discretion or control over the professional manner in which <br />Consultant performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Consultant shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Consultant shall pay all salaries and <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br />6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />3-4 <br />