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10. RELATION OF THE PARTIES The relationship of the parties to this Agreement shall be that of independent contractors and in no event shall Consultant be considered an officer, agent, servant or employee of District. Consultant shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work. 11. CORRECTIONS In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work that may be disclosed during District's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by District, and the cost thereof shall be charged to Consultant and Consultant agrees to reimburse District for such costs to the extent Consultant has been found legally liable. 12. TERMINATION BY DISTRICT District may, upon 10 calendar days written notice to Consultant, terminate without cause any portion or all of the services agreed to be performed under this Agreement. If termination is for cause, no advance notice need be given. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by District to Consultant within 30 days following submission of a final statement by Consultant unless termination is for cause. District agrees that "cause" as used in this Agreement shall be as services performed by Consultant which are not in accordance with the skill and care ordinarily exercised by members of the same profession currently practicing under similar conditions in the same or similar locale. 13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of District from all claims and liabilities for compensation to Consultant for anything done, furnished, or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of District's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check. However, approval or payment by District shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by District for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and consultants. Page 5