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Parties are discharged, unless earlier terminated by either Party pursuant to the provisions of <br /> Section 11 of this Agreement. <br /> 3. General Provisions <br /> The Parties agree to the following general provisions: <br /> 3.1 Record Retention. Each Party following completion of the Project shall maintain <br /> accurate records related to the Project for a period equal to the minimum required pursuant to <br /> either state or federal requirements,whichever is applicable. <br /> 3.2 Independent Contractor. Each Party will perform all work under this Agreement <br /> as an independent contractor and not as an agent, employee, or servant of the other party. Each <br /> Party has the express right to direct and control its own activities in providing the agreed work in <br /> accordance with the specifications set out in this Agreement. With respect to the other Party's <br /> work, a Party shall only have the right to ensure performance. <br /> 3.3 Sub-Contracting. Each Party may, in its sole discretion, hire one or more <br /> contractors and/or sub-contractors to perform some or all of its respective work. <br /> 3.4 Cost Allocation. <br /> 3.4.1 City Costs. The City shall be responsible for all costs to perform their work as <br /> set forth in Section 4. <br /> 3.4.2 District Costs. The District shall be responsible for all costs to perform their <br /> work as set forth in Section 5. <br /> 3.4.3 Unless expressly provided otherwise,nothing in this document shall constitute <br /> an agreement by either Party to pay the other Party for services rendered <br /> under this Agreement. <br /> 4. Underground Conversion Work City Responsibilities <br /> 4.1 Design Phase. <br /> 4.1.1 Prior to the District starting work under this Agreement, the City shall <br /> provide the District with the following information: <br /> i. The Underground Project schedule showing the completion of final <br /> designs and approximate start date(s) for construction. <br /> ii. Underground Project drawings, including electronic base maps, survey <br /> data and proposed improvements. <br /> 4.1.2 The City has elected to incorporate the District's underground design <br /> drawing 13606, which is attached hereto as Exhibit B ("Joint Utility <br /> Trench Plan"), into the City's bid package. The City agrees that, in <br /> accordance with Section 5.1 below, the District may revise the Joint <br /> 3 <br />