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San Leandro shall have maximum practicable opportunity for subcontractor work under <br /> this Agreement. <br /> C.General Employment Provisions Relating to Handicap/Disability Discrimination. No <br /> qualified individual with a handicap or disability shall, solely on the basis of such <br /> handicap or disability, be subjected to discrimination in employment by Recipient. <br /> D.Reports. Recipient shall provide such reports and /or documents to City demonstrating <br /> compliance with the terms hereof. <br /> IX.STANDARD OF PERFORMANCE. Recipient shall perform all services required pursuant <br /> to this Agreement in the mariner and according to the standards observed by a competent <br /> practitioner of the profession in which Recipient is engaged in the geographical area in which <br /> Recipient practices its profession. All instruments of service of whatsoever nature which <br /> Recipient delivers to City pursuant to this Agreement shall be prepared in a substantial, first <br /> class and workmanlike manner and conform to the standards of quality normally observed by a <br /> person practicing in Recipient's profession. <br /> X.HOLD HARMLESS AND RESPONSIBILITY OF RECIPIENTS. Recipient shall take all <br /> responsibility for the work, shall bear all losses and damages directly or indirectly resulting to <br /> him, to any subcontractor, to the City, to City officers and employees, or to parties designated by <br /> the City, on account of the performance or character of the work, unforeseen difficulties, <br /> accidents, occurrences or other causes predicated on active or passive negligence of the <br /> Recipient or of any subcontractor. Recipient shall indemnify, defend and hold harmless the <br /> City, its officers, officials, directors, employees and agents from and against any or all loss, <br /> liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, <br /> nature and description directly or indirectly arising from the performance of the work. This <br /> paragraph shall not be construed to exempt the City, its employees and officers from its own <br /> fraud, willful injury or violation of law whether willful or negligent. For purposes of Section <br /> 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a <br /> construction contract. By execution of this Agreement, Recipient acknowledges and agrees that <br /> it has read and understands the provisions hereof and that this paragraph is a material element of <br /> cons ideration. <br /> Approval of the insurance contracts does not relieve the Recipient or subcontractors from • <br /> liability under this paragraph. <br /> XI.GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by <br /> fiscal assistance from another governmental entity, Recipient shall comply with all applicable <br /> rules and regulations to which City is bound by the terms of such fiscal assistance program. <br /> XII.DOCIJMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, <br /> • memoranda or other written documents or materials prepared by Recipient pursuant to this <br /> Agreement shall become the property of City upon completion of the work to be performed <br /> hereunder or upon termination of the Agreement. <br /> Exhibit D Page 5 of 6 <br />