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unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive <br />negligence of the Contractor or of any subcontractor. Contractor shall indemnify, defend <br />and hold harmless the City, its officers, officials, directors, employees and agents from and <br />against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and <br />damages of every kind, nature and description directly or indirectly arising from the <br />performance of the work. This paragraph shall not be construed to exempt the City, its <br />employees and officers from its own fraud, willful injury or violation of law whether willful <br />or negligent. For purposes of Section 2782 of <br />Code By e ecction of this Agreement, <br />and agree that this agreement is not a construction contract <br />Contractor acknowledges and agrees that it has read and understands the provisions hereof <br />and that this paragraph is a material element of consideration. <br />Approval of the insurance contracts does not relieve the Contractor or subcontractors from <br />liability under this paragraph. <br />10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be <br />funded by fiscal assistance from another governmental entity, Contractor shall comply with <br />all applicable rules and regulations to which City is bound by the terms of such fiscal <br />assistance program. <br />11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, <br />photographs, memoranda or other written documents or materials prepared by Contractor <br />ent shall become thof the y of ee City <br />upon completion of the work to <br />pursuant to this Agreem <br />be performed hereunder or upon terminationb <br />12. COMPLIANCE WITH APPLICABLE LAWS. Contractor shall comply with all <br />laws applicable to the performance of the work hereunder, including, but not limited to, laws <br />race, religious creed, color, national origin, ancestry, <br />prohibiting discrimination based on <br />physical handicap, medical condition, marital status or sex. <br />13. USE OF RECYCLED PRODUCTS. Contractors 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 />6/12/95 rev <br />l:\WPD\FORMS\AGRE\EXHIBITD.DOS <br />