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(g) Subcontractors. Contractor shall include all <br />subcontractors as insureds under its policies or shall <br />furnish separate certificates and endorsements for each <br />subcontractor. All coverages for subcontractors shall <br />be subject to all of the requirements stated herein. <br />(h) The Risk Manager of the City may approve a variation in <br />those insurance requirements upon a determination that <br />the coverages, scope, limits and forms of such <br />insurance are either not commercially available or that <br />the City's interests are otherwise fully protected. <br />5. CONTRACTOR NOT AGENT. Except as City may specify in <br />writing, Contractor shall have no authority, express or implied, <br />to act on behalf of City in, any capacity whatsoever as an agent. <br />Contractor shall have no authority, express or implied, pursuant <br />to this Agreement to bind City to any obligation whatsoever. <br />6.ASSIGNMENT PROHIBITED. No party to this Agreement may <br />assign any right or obligation pursuant to this Agreement. Any <br />attempted or purported assignment of any right or obligation <br />pursuant to this Agreement shall be void and of no effect. <br />7. PERSONNEL. Contractor shall assign only competent personnel <br />to perform services pursuant to this Agreement. In the event that <br />City, in its sole discretion, at any time during the term of this <br />Agreement, desires the removal of any such persons, Contractor <br />shall, immediately upon receiving notice from City of such desire <br />of City, cause the removal of such person or persons. <br />8. STANDARD OF PERFORMANCE. Contractor shall perform all <br />services required pursuant to this Agreement in the manner and <br />according to the standards observed by a competent practitioner <br />of the profession in which Contractor is engaged in the <br />geographical area in which Contractor practices hisprofession. <br />All instruments of service of whatsoever nature which Contractor <br />delivers to City pursuant to this Agreement shall be prepared in <br />a substantial, first class and workmanlike manner and conform to <br />the standards of quality normally observed by a person practicing <br />in Contractor's profession. <br />9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor <br />shall take all responsibility for the work, shall bear all losses <br />and damages directly or indirectly resulting to him, to any <br />subcontractor, to the City, to City officers and employees, or to <br />parties designated by the City, on account of the negligent <br />performance or character of the work, of the Contractor or of any <br />subcontractor. Contractor shall indemnify, defend and hold <br />harmless the City, its officers, officials, directors, employees, <br />volunteers and agents from and against any or all loss, <br />liability, expense, claim, costs (including costs of defense), <br />suits, and damages of every kind, nature and description directly <br />or indirectly arising from the negligent performance or character <br />of the work. This paragraph shall not be construed to exempt the <br />City, its employees and officers from its own fraud, willful <br />injury or violation of law whether willful or negligent. For <br />purposes of Section 2782 of the Civil Code the parties hereto <br />recognize and agree that this agreement is not a.construction <br />contract. By execution of this agreement Contractor acknowledges <br />10/18/88 Rev.; <br />1/10/90 Rev.; <br />1/21/92 Rev. <br />4/20/89 Rev. <br />4/16/90 <br />Exhibit D <br />Page 4 of 5 <br />