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<br /> .. <br /> FXS:mge ",J/Ol/95 (002/75) <br />Contractor shall pay City the full amount owing to City or the <br />United States Government determined to be owing as a result of <br />any such audit exception. <br /> City shall monitor Contractor's Program and expenditures <br />made pursuant to this agreement quarterly to verify Contractor's <br />compliance with this agreement and local and federal contract <br />requirements. <br /> 10. CONTRACTOR'S STATUS. In the performance of the <br />obligations set forth in this agreement, Contractor shall have <br />the status of an independent contractor and shall not be deemed <br />to be an employee, agent or officer of City. <br /> 11. HOLD HARMLESS. Contractor hereby agrees to defend, <br />indemnify and save harmless City, its Council, officers, boards, <br />commissions, agents and employees (collectively, "Indemnitees") <br />against and from any and all claims, suits or actions of every <br />name, kind and description, which may be brought against <br />Indemnitees, or any of them, by reason of any injury to, or death <br />of, any person (including corporations, partnerships and <br />associations) or damage suffered or sustained by any such person <br />arising from, or alleged to have arisen from, any act or omission <br />to act, negligent or otherwise, of Contractor, its officers, <br />agents or employees under this agreement. <br /> The duty of Contractor to defend, indemnify and save <br />harmless, as set forth herein, shall include the duty to defend <br />as set forth in Section 2778 of the California Civil Code; <br />provided, however, that nothing herein shall be construed to <br />require Contractor to indemnify Indemnitees against any <br /> 5 <br /> ~ <br />