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City reserves the right to waive any and all breaches of this Agreement, and any <br /> such waiver shall not be deemed a waiver of all previous or subsequent breaches. In <br /> the event City choose to waive a particular breach of this Agreement, it may condition <br /> same on payment by Contractor of actual damages occasioned by such breach of <br /> Agreement and shall make every effort to resolve the same quickly and amicably. <br /> The City may terminate this Agreement, by giving Contractor not less than five <br /> (5) days prior written notice, upon the occurrence of any of the following: <br /> (a) HOME funds cease, for any reason, to be available to City; or <br /> (b) City has determined that the funds provided hereunder have been, or are <br /> being, used for purposes other than those described in Exhibit A; or <br /> (c) Contractor's failure to perform unde�this Agreement. <br /> Nothing contained in this Paragraph 11 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 /> befinreen any subcontractor of Contractor and City. Contractor will be responsible for <br /> payment of subcontractors. Contractor will bind every subcontractor and every <br /> ATfY/AGR/2013.022/FUNDING AGR FOR WILLOW ROAD APARTMENTS REHABILITATION PROJECT <br /> REV:02-15-13 VR <br /> Page 7 of 35 <br />