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10. HOLD HARMLESS AND RESPONSIBILITY OF RECIPIENTS. Recipient shall take <br /> all 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 Recipient <br /> or of any subcontractor. Recipient shall indemnify, defend and hold harmless the City, its <br /> officers, officials, directors, employees and agents from and against any or all loss, liability, <br /> expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and <br /> description directly or indirectly arising from the performance of the work. This paragraph shall <br /> not be construed to exempt the City, its employees and officers from its own fraud, willful injury <br /> or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code <br /> the parties hereto recognize and agree that this agreement is not a construction contract. By <br /> execution of this Agreement, Recipient acknowledges and agrees that it has read and understands <br /> the provisions hereof and that this paragraph is a material element of consideration. <br /> Approval of the insurance contracts does not relieve the Recipient or subcontractors from <br /> liability under this paragraph. <br /> 11. GOVERNMENTAL REGITLATIONS. To the extent that this Agreement may be funded <br /> by 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 /> 12. DOCUMENTS. 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 /> 13. COMPLIANCE WITH APPLICABLE LAWS. Recipient 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 /> 14. USE OF RECYCLED PRODUCTS. Recipients shall prepare and submit all reports, <br /> written studies and other printed material on recycled paper to the extent it is available at equal <br /> or less cost than virgin paper. <br /> ExhibitD Page6of7 <br /> 6/12/95 rev. <br /> 5/20/97 rev. J: \W P D \FomuWgre \ExhibitD. W 61 <br />