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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 /> Xl. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be <br /> funded by fiscal assistance from another governmental entity, County shall comply with <br /> all 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\EXHIBrm.DOC <br /> • <br /> 1 tq <br />