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2. PAYMENTS A. Maximum Amount. In full consideration of Contractor's Performance of the services described in Exhibit A, the amount that the City shall be obligated to pay under this Agreement shall not exceed One Hundred Fifty Thousand, and no/100 Dollars ($150,000). B. Rate of Payment. The rate and terms of payment shall be as Specified in Paragraph A 2. Any change is subject to the approval of the Housing Coordinator or her authorized representative, and shall not be binding on City unless so approved in writing. In no event may the terms of payment be changed to the extent that the maximum City obligation shall exceed the total specified in Paragraph 2A above. Each payment shall be conditioned on the performance of the services described in Exhibit A to the full satisfaction of the Housing Coordinator or his representative. C. Time Limit for Submitting Invoices. Contractor shall submit a final invoice for payment no later than May 20, 2001. 3. RELATIONSHIP OF PARTIES It is expressly understood that this is an agreement between two (2) independent contractors and that no agency, employee, partnership, joint venture or other relationship is established by this Agreement. The intent of City and Contractor is to create an independent contractor relationship. 4. HOLD HARMLESS The Contractor shall indemnify and save harmless the Agency, its Board, the City, its Council, and their respective officers, boards, commissions, agents and employees (collectively, "Indemnities") from all claims, suits or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person, including Contractor, or damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to, the concurrent passive negligence of the City, its Council, and their respective officers, boards, commissions, agents, and employees, resulting from the performance of any work required by this Agreement of Contractor, its officers, agents, employees and/or servants, provided that this shall not apply to injuries or damage for which Indemnities, or any one of them have been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. The duty of the Contractor to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code. 8/15/00