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<br />s. /F-~.:? <br /> <br />(b) <br /> <br />City has determined that the funds provided hereunder have been, <br /> <br />or are being, used for purposes other than those described in Exhibits A <br /> <br />and B; or <br /> <br />(c) <br /> <br />Contractor's failure to perform under this Agreement. <br /> <br />Nothing contained in this paragraph 9 shall be deemed to limit the right of the <br /> <br />parties to terminate this Agreement for cause or otherwise to exercise any right or pursue <br /> <br />any remedy which may accrue to them. <br /> <br />10. Contractor's Status. In the performance of the obligations set forth in this <br /> <br />Agreement, Contractor will have the status of an independent contractor and will not be <br /> <br />deemed to be an employee, agent, or officer of City. <br /> <br />11. Subcontractin2. Contractor will not subcontract any portion of the Project <br /> <br />without prior written approval of City. If Contractor subcontracts any of the Project, <br /> <br />Contractor will be fully responsible to City for the acts and omissions of Contractor's <br /> <br />subcontractor and of the persons either directly or indirectly employed by Contractor. <br /> <br />Nothing contained in this Agreement will create any contractual relationship between any <br /> <br />subcontractor of Contractor and City. Contractor will be responsible for payment of <br /> <br />subcontractors. Contractor will bind every subcontractor and every subcontractor of a <br /> <br />subcontractor by the terms of this Agreement applicable to Contractor's work unless <br /> <br />specifically noted to the contrary in the subcontract and approved in writing by City. <br /> <br />11. Hold Harmless. Contractor hereby agrees to defend, indemnify, and save <br /> <br />harmless City, its Council, officers, boards, commissions, agents, and employees <br /> <br />(collectively, "lndemnitees") against and from any and all claims, suits, or actions of <br /> <br />every name, kind, and description, which may be brought against Indemnitees, or any of <br /> <br />8/30/05 km <br /> <br />5 <br />