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(a) Human Service Financial Assistance funds cease, for any reason, to be <br /> <br /> available to City; or <br /> <br /> (b) City has determined that the funds provided hereunder have been, or are <br /> being, used for purposes other than those described in Exhibit A; or <br /> <br /> (c)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 />Parties to terminate this Agreement for cause or otherwise to exercise any right or <br />pursue any remedy which may accrue to them. <br /> <br /> 10. CONTRACTOR'S STATUS. In the performance of the obligations set forth <br />in this Agreement, Contractor will have the status of an independent contractor and will <br />not be deemed to be an employee, agent or officer of City. <br /> <br /> 11. SUBCONTRACTING. Contractor will not subcontract any portion of the <br />Program without prior written approval of City. If Contractor subcontracts any of the <br />Program, Contractor will be fully responsible to City for the acts and omissions of <br />Contractor's subcontractor and of the persons either directly or indirectly employed by <br />Contractor. Nothing contained in this Agreement will create any contractual relationship <br />between any subcontractor of Contractor and City. Contractor will be responsible for <br />payment of subcontractors. Contractor will bind every subcontractor and every <br />subcontractor of a subcontractor by the terms of this Agreement applicable to <br />Contractor's work unless specifically noted to the contrary in the subcontract and <br />approved in writing by City. <br /> <br /> 12. HOLD HARMLESS. Contractor hereby agrees to defend, indemnify and <br />save harmless City, its Council, officers, boards, commissions, agents and employees <br />(collectively, "lndemnitees") against and from any and all claims, suits or actions of <br />every name, kind and description, which may be brought against Indemnitees, or any of <br />them, by reason of any injury to, or death of, any person (including corporations, <br />partnerships and association) or damage suffered or sustained by any such person <br />arising from, or alleged to have arisen from, any act or omission to act, negligent or <br /> <br />otherwise, of Contractor, its officers, agents or employees under this Agreement. 4 <br /> <br /> <br />