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., ~ • <br />from and against any or all loss, liability, expense, claim, costs (including costs of <br />defense), suits, and damages of every kind, nature and description directly or indirectly <br />arising from the performance of the work. This paragraph shall not be construed to <br />exempt the City, its employees and officers from its own fraud, willful injury or violation <br />of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the <br />parties hereto recognize and agree that this agreement is not a construction contract. By <br />execution of this Agreement, County acknowledges and agrees that it has read and <br />understands the provisions hereof and that this paragraph is a material element of <br />consideration. <br />Approval of the insurance contracts does not relieve the County or subcontractors from liability <br />under this paragraph. <br />XI. GOVERNMENTAL REGULATIONS. To the extent that this Agreement maybe funded <br />by fiscal assistance from another governmental entity, County shall comply with all <br />applicable rules and regulations to which City is bound by the terms of such fiscal <br />assistance program. <br />XII. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, <br />memoranda or other written documents or materials prepared by County pursuant to this <br />Agreement shall become the property of City upon completion of the work to be <br />performed hereunder or upon termination of the Agreement. <br />XIII. COMPLIANCE WITH APPLICABLE -LAWS. County shall comply with all laws <br />applicable to the performance of the work hereunder, including, but not limited to, laws <br />prohibiting discrimination based on race, religious creed, color, national origin, ancestry, <br />physical handicap, medical condition, marital status or sex. <br />XIV. USE OF RECYCLED PRODUCTS. Countys shall prepare and submit all reports, <br />written studies and other printed material on recycled paper to the extent it is available at <br />equal or less cost than virgin paper. <br />Exhibit D Page 6 of 7 <br />6/12/95 rev; 5/20/97 rev (Word 6.0) <br />AGRE\EXHIBITD.DOC <br />~~ <br />