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(c) Contractor's failure to perform under this Agreement. <br /> Nothing contained in this Paragraph 9 will 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 /> 12. 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 /> 13. SUBCONTRACTING. Contractor will not subcontract any portion of the <br /> Project without prior written approval of City. If Contractor subcontracts any portion of <br /> the Project, 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 /> 14. HOLD HARMLESS. Contractor hereby agrees to defend, indemnify and <br /> save harmless City, its Council, officers, boards, commissions, agents and employees <br /> (collectively, "Indemnitees ") 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 or <br /> property damage (including loss of use thereof) arising from, or alleged to have arisen <br /> from, any act or omission to act, negligent or otherwise, of Contractor, its officers, <br /> agents or employees under this Agreement. <br /> The duty of Contractor to defend, indemnify and save harmless, as set forth <br /> herein, will include the duty to defend as set forth in Section 2778 of the California Civil <br /> Code; provided, however, that nothing herein will be construed to require Contractor to <br /> ATTY /AGR/2010.078 <br /> 080310 5 <br />