Agmt18 MP Mosaic Garden Associates, L.P.

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same on payment by Contractor of actual damages occasioned by such breach of Agreement and shall make every effort to resolve the same quickly and amicably. Nothing contained in this Section 12 will be deemed to limit the right of the Parties to terminate this Agreement for cause or otherwise to exercise any right or pursue any remedy which may accrue to them. 13. CONTRACTOR'S STATUS. In the performance of the obligations set forth in this Agreement, Contractor will have the status of an independent contractor and will not be deemed to be an employee, agent or officer of City. 14. SUBCONTRACTING. Following the Project's placed in service date, Contractor will not enter a subcontract for any portion of the Project in excess of $100,000 without prior written approval of City of the City's Planning Manager, provided that, Contractor may submit its request for a subcontract in excess of $100,000 by submitting a revised annual budget for approval, and provided further that if the City fails to respond to Contractor's written request for approval within ten (10) business days, then such approval shall be deemed granted. Notwithstanding the foregoing, the City's prior written consent shall not be required (i) in the case of an emergency, (ii) if the subcontract is a result of an insurance claim, or (iii) if any senior lender has already approved of the proposed expenditure, provided that Contractor shall provide prompt notice to the City if it enters a subcontract pursuant to this sentence. If Contractor subcontracts any portion of the Project, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for ATTY/AGR/2018.027/MIDPEN MOSAIC GARDENS (ATHERTON COURT) REV: 02-22-18 JS Page 11 of 41