Agmt10 CDBG County of San Mateo Department of Housing

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.. that the quantity or quality of the work performed is unacceptable. In no event will the County's total fiscal obligation under this Agreement exceed Fifteen Thousand Dollars, ($ 15, 000). 4. Term and Termination Subject to compliance with all terms and conditions, the term of this Agreement will be from July 1, 2010 through June 30, 2011, unless otherwise modified in Exhibit A. Notwithstanding the Term set forth above, or any provision of this Agreement or its attachments to the contrary, this Agreement shall remain in effect and force until all forth completed and all funding in Exhibit A have been com services and deliverables set o P assistance described in Exhibit B has been disbursed, or until the expiration of the Term as set forth above, whichever event occurs last. County may terminate this Agreement for cause after giving Contractor written notice of any breach or default and after the expiration of 30 days from the date of such notice to cure said breach or default, if Contractor fails to cure said breach or default to the satisfaction of County, in County's sole discretion. County may terminate this Agreement without cause after giving Contractor 60 days written notice. County reserves the right to waive any and all breaches of this Agreement, and any such waiver will not be deemed a waiver of all previous or subsequent breaches. In the event County chooses to waive a particular breach of this Agreement, it may condition same on payment by Contractor of actual damages occasioned by such breach of Agreement and shall make every effort to resolve the same quickly and amicably. 5. Availability of Funds The County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, or County funds, by providing written notice to Contractor as soon as is reasonably possible after the County learns of said unavailability of outside funding. 6. Relationship of Parties Contractor agrees and understands that the work /services performed under this Agreement are performed as. an independent Contractor and not as an employee of the County and that Contractor acquires none of the rights, privileges, powers, or advantages of County employees. 7. Hold Harmless Contractor shall indemnify and save harmless County, its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description, brought for, or on account of: (A) injuries to or death of any person, including Contractor, or (B) damage to any property of any kind whatsoever and to whomsoever belonging, (C) any sanctions, penalties, or claims of damages resulting from Contractor's failure to comply with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended, or (D) any other DOH Rev. September. 2010 FOCC $15,000 CDBG Page 3 of 21