it, APPRAISER AS AN INDEPENDENT CONTRACTOR.
The Appraiser shall be and shall remain an Independent Contractor with respect to all services
performed hereunder and he agrees to and does hereby accept full and exclusive liability for the
payment of any and all contributions or taxes for Social Security, unemployment insurance or
old age retirement benefits, pensions or annuities now or hereafter imposed under any state or
federal law which are measured by the wages, salaries or other remunerations paid to the
Appraiser or persons employed by the Appraiser for work performed under the terms of this
Contract and further agrees to obey all lawful rules and regulations and to meet all lawful
requirements which are now, or hereafter may be, issued or promulgated under said respective
laws.
Employment to make this appraisal and the fee charged are NOT contingent upon reporting a
pre-determined value, future value or any conclusion related to the subject property, nor the
approval of any loan or result of any litigation.
12. OWNERSHIP OF WORK PRODUCT.
a, Unless otherwise provided, data that originates from this Contract shall be "works
for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the City.
Data shall include, but not be limited to reports, documents, pamphlets, advertisements,
books, magazines, surveys, studies, computer programs, films, tapes, sound
reproductions, or source code and object code. Ownership includes the right to copyright,
patent, register and the ability to transfer these rights.
b. Data which is delivered under this Contract, but which does not originate therefrom,
shall be transferred to the City with a nonexclusive, royalty-free, irrevocable license to
publish, translate, reproduce, deliver perform, dispose of, and to authorize others to do so;
provided, that such license shall be limited to the extent which the Appraiser has a right
to grant such a license. The Appraiser shall exert all reasonable effort to advise the City
at the time of delivery of data furnished under this Contract, of all known or
potential infringements for privacy or other intellectual property contained therein and of
any portion of such document that was not produced in the performance of this Contract.
The City shall have the right to modify or remove any restrictive marking placed upon
the data by the Appraiser.
c. Appraiser shall not use or in any manner disseminate any work product or program
under this Contract to any third party without the prior written permission of the City.
13. RECORDS.
The Appraiser shall maintain records of all details with respect to the services to be performed
under this Contract, including one complete copy of each appraisal report and related notes, for
three (3) years after delivering the report.
