Agmt 1999 Kennedy Jenks Consultants Inc

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I 10. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shall take all responsibility for its negligent work, shall bear all losses and damages to him, to any of its subcontractors, to the City, to City officers and employees,on account of the negligent performance of the work, or other causes predicated on active or passive negligence of the Contractor or of any of its subcontractors. Contractor shall indemnify, defend and hold harmless the City,its officers, officials,directors and employees from and against any and all loss,liability, expense, claim,costs(including costs of defense), suits, and damages of every kind,nature and description to the extent caused by the negligent performance of the work. This paragraph shall not be construed to require a defense or indemnity for the willful act or negligence of any indemnitee. Nor shall t paragraph be construed to negate abridge, or reduce other rights or ,cMobligations of indemnit which would otherwise exist as to a party or person described in this paragraph. By execution of this Agreement,City and Contractor acknowledge and agree each has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Contractor or subcontractors from liability under this paragraph. 11. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity,Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 12. DOCUMENTS. All reports, data,maps,models, charts, studies, surveys,photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. Reuse of said documents for other than this project shall be at the City's sole risk. 13. COMPLIANCE WITH APPLICABLE LAWS. Contractor shall comply with all laws applicable to the performance of the work hereunder, including,but not limited to, laws prohibiting discrimination based on race,religious creed,color,national origin, ancestry,physical handicap,medical condition,marital status or sex. 14. USE OF RECYCLED PRODUCTS. Contractors shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. Exhibit D Page 6 of 7 6/12/95 rev. 5/20/97 rev. 12/23/98rev.