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City staff will make a recommendation in favor of the Project. Even if the Project is not <br />approved, Developer shall remain liable for all costs for Services actually provided <br />concerning the Project. <br />7. Independence of Consultants. <br />A. Unless otherwise agreed to in writing by the City, during the Term of this <br />Agreement, Developer will not directly or indirectly enter or propose to enter into any <br />financial or business relationship with any of City's consultants that are working on the <br />Project. <br />B. Developer hereby acknowledges and agrees as follows: <br />i. City has sole discretion to select which of its employees or <br />independent contractors are assigned to work on Developer's application; <br />ii. City has sole discretion to determine which persons City will hire as <br />consultants to work on Developer's application. <br />iii. As between City and Developer, City has sole discretion to direct <br />the work and evaluate the performance of the consultants whom the City hires to work <br />on Developer's Project and/or application. City retains the right to terminate or replace <br />at any time any consultant who is assigned to work on Developer's Project and/or <br />application. <br />iv. Except as provided in this Agreement, City has sole discretion to <br />determine the amount of compensation paid to consultants hired by City to work on <br />Developer's Project and/or application. <br />V. City, not Developer, shall pay consultants hired or assigned by City <br />to work on Developer's Project and/or application from a City account under the <br />exclusive control of City, which is to be funded by Developer as set forth in this <br />Agreement. <br />vi. Except for those disclosures required by law, including, without <br />limitation, the Public Records Act, all conversations, notes, memoranda, <br />correspondence and other forms of communication by and between the City and its <br />consultants shall be, to the extent permissible by law, privileged and confidential and <br />not subject to disclosure to the Developer. <br />vii. Except for those disclosures required by law, including, without <br />limitation, the Public Records Act, Developer shall have no claim to, nor shall Developer <br />assert any right in any reports, correspondence, plans, maps, drawings, news releases <br />or any and all other documents or work product produced by the consultants. <br />C. City and Developer hereby acknowledge and agree that processing of <br />Developer's application is not contingent on the hiring of any specific consultant. <br />4 <br />