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DAS:d~k 08/04/88 (#34) <br /> <br />aforementioned services the total Award Bid Sum of Thirty Seven <br />Thousand Two Hundred Ninety-nine and 49/100 Dollars ($37,299.49) <br />or the total sum based on the actual amount of materials <br />purchased. <br /> <br /> 3. Standard of Performance. All of the material shall be to <br />the satisfaction of the Department of General Services. <br /> <br /> 4. Supplier's Status. In the performance of the obligations <br />set forth in this Agreement, Supplier shall have the status of an <br />independent contractor and in no sense shall Supplier be <br />considered to be an employee of the City. <br /> <br /> 5. Hold Harmless; Indemnification. Supplier hereby agrees <br />to defend, indemnify and hold harmless City, its Commissioners, <br />Boards, officers, agents and employees of and from any and all <br />claims, suits, or actions of every name, kind, and description, <br />which may be brought against its officers, agents or employees by <br />reason of any injury to or death of any person or damage suffered <br />or sustained by any person or corporation caused by, or alleged <br />to have been caused by, any act or omission, negligent or <br />otherwise, of Supplier, its officers, agents or employees in the <br />supplying of any materials required of Supplier by this <br />Agreement. <br /> <br /> The duty of Supplier to indemnify and save harmless, as set <br />forth herein, shall include a duty to defend as set forth in <br />Section 2778 of the Civil Code; provided, however, that nothing <br />herein shall be construed to require Supplier to indemnify City, <br />its officers, agents and employees against any responsibility or <br />liability in contravention of Section 2782 of the Civil Code. <br /> <br /> 2 <br /> <br /> <br />