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<br />~ <br />or in connection with the materials used or the work to <br />be performed by contractor under this Agreement, <br />regardless of any negligence of Indemnities or their <br />agents or servants, be it active or passive, except <br />where such injury, death or damage is caused by the <br />sole negligence or willful mi$conduct .of Indemnitees. <br /> <br />2. Assignment <br /> <br />Neither City nor Pacific shall wholly or partially <br />assign this Agreement or any interes~ therein, without <br />the prior written consent of the non-assigning party. <br />This Agreement shall be for the benefit of and is <br />binding upon the respective successors and assigns of <br />the parties. <br /> <br />3. Waiver and Amendment <br /> <br />The provisions of this Agreement shall not be waived, <br />altered, or amended by any representations or promises <br />of any party unless consented to in writing by Pacific. <br /> <br />4. Insurance <br /> <br />Without in any way limiting City's indemnification <br />obligations as set forth in this Agreement, City shall <br />require its contractor to maintain comprehensive <br />general liability (bodily injury and property damage) <br />insurance. City shall require its contractor to name <br />City and Pacific as additional insured on all insurance <br />documents for this project and to include all work <br />performed on behalf of Pacific in the bonds, warranties <br />and guaranties to be furQished by its contractor. <br />Insurance limit amounts shall be the same as required <br />by City for the project. <br /> <br />5. Independent Contractor <br /> <br />City, its agents, employees and contractors shall <br />perform all work under this Agreement as independent <br />contractors and not as affiliates, partners, <br />joint-venturers, agents, employees, servants or assigns <br />of Pacific. <br /> <br />6. Warranty <br /> <br />City warrants that all work and materials to be <br />furnished under this Agreement (a) shall conform in all <br />respects to the requirements of this Agreement, (b) are <br />adequate for the purposes for which they are intended, <br />(c) are free from any defects in design, materials, <br />workmanship and title, and (d) are free of defects <br />causing caving or sinking of trenches, paving or other <br />materials, for a period of two (2) years following <br />acceptance of the USS. All work and materials shall be <br /> <br />6 <br />