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<br />6.1C <br />Page 5 <br /> <br />7. Standard of Performance. City shall perform its landscape maintenance services <br />hereunder in an efficient and effective manner conforming to generally acceptable <br />standards for such services within the professional landscape maintenance industry <br />within the San Francisco Bay Area. <br /> <br />8. Indemnification. City shall defend, hold harmless and indemnify Authority, its <br />Commission, officers, agents, and employees from and against any and all claims, <br />suits, actions, or other legal or equitable proceedings, for any and all liability, losses, or <br />damage arising out of, City's negligent acts, or omissions to act, in the performance of <br />its obligations and duties hereunder. <br /> <br />Authority shall defend, hold harmless and indemnify City, its Council, officers, <br />employees and agents, from and against any and all claims, suits, actions, or other <br />legal or equitable proceedings, for any and all liability, losses or damage arising out of <br />Authority's negligent acts, or omissions to act, in the performance of its obligations and <br />duties hereunder. <br /> <br />9. Termination. Either party may terminate this Agreement by giving written notice <br />thereof not less than thirty (30) days prior to the effective date of termination, which date <br />shaH be included in said notice. In the event of such termination, Authority shall <br />compensate City for services rendered to the date of termination. Nothing herein <br />contained shall be deemed a limitation upon the rights of the parties to terminate this <br />Agreement for cause, or otherwise to exercise such legal or equitable rights or pursue <br />such remedies as may accrue to them. <br /> <br />10. City's Status. In the performance of services hereunder, City is an independent <br />contractor. Notwithstanding reference to salary and fringe benefits of a position in City's <br />classified service for purposes of determining compensation payable under <br />"Compensation," above, in no event shall any employee or employees of City who <br />provide services on behalf of City hereunder be deemed an employee or employees of <br />Authority. <br /> <br />11. Amendments. Supplements. This agreement may be amended or supplemented <br />by agreement approved and executed in the same manner as the original agreement for <br />and on behalf of the respective parties. <br /> <br />// <br />/I <br /> <br />/I <br /> <br />AllrY/AG~2010.038 <br />090310 <br />