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<br />to have arisen out of, City's negligent acts, or omissions to act, or intentional <br /> <br />tortious conduct in the performance of its obligations and duties hereunder. <br /> <br />Authority shall defend, hold harmless, and indemnify City, its governing <br /> <br />Council, boards, commissions, officers, employees, and agents, against and <br /> <br />from any and all claims, suits, actions, or other legal or equitable proceedings, <br /> <br />for any and all liability, losses, or damage arising out of, or alleged to have arisen <br /> <br />out of, Authority's negligent acts, or omissions to act, or intentional tortious <br /> <br />conduct, in the performance of its obligations and duties hereunder. <br /> <br />7. TERMINATION. Either party may terminate this agreement without <br /> <br />cause by giving the other party not less than ninety (90) days' prior written notice <br /> <br />thereof. In the event of such termination, Authority shall compensate City for <br /> <br />services rendered to the date of termination. Nothing herein contained shall be <br /> <br />deemed to affect the rights of the parties to terminate for cause, or otherwise to <br /> <br />exercise such legal or equitable rights as may accrue to them. <br /> <br />8. CITY'S STATUS. In the performance of the services described herein, <br /> <br />City shall have the status of an independent contractor and shall not be deemed <br /> <br />to be an employee, agent, or officer of Authority. <br /> <br />9. AMENDMENTS. SUPPLEMENTS. This agreement may be amended <br /> <br />or supplemented by agreement between the parties executed in the same <br /> <br />manner as the original agreement and approved by resolutions of City's City <br /> <br />Council and Authority's governing Commission, respectively; provided, that <br /> <br />Agmt-136 <br />F:ls h a red/Redwood/Co u ncil <br />DES:djk <br />12/29/97 <br />01/16/98R <br /> <br />4 <br /> <br />"~"._--_.....~,... <br />