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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 /> 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 /> 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 /> 9. Termination. Either party may terminate this Agreement by giving written notice <br /> thereof not Tess than thirty (30) days prior to the effective date of termination, which date <br /> shall 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 /> 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 /> 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 /> /1 <br /> // <br /> 1/ <br /> ATTY /AGR /2010. 038 <br /> 090310 <br />