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conform to the standards of quality normally observed by a person practicing in
<br />Contractor's profession.
<br />9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS.
<br />Contractor shall take all responsibility for the work, shall bear all losses and damages
<br />directly or indirectly resulting to him, to any subcontractor, to the City, to City officers
<br />and employees, or to parties designated by the City, on account of the performance or
<br />character of the work, unforeseen difficulties, accidents, occurrences or other causes
<br />predicated on active or passive negligence of the Contractor or of any subcontractor.
<br />Contractor shall indemnify, defend and hold harmless the City, its officers, officials,
<br />directors, employees and agents from and against any or all loss, liability, expense, claim,
<br />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
<br />paragraph shall not be construed to exempt the City, its employees and officers from its
<br />own fraud, willful injury or violation of law whether willful or negligent. For purposes of
<br />Section 2782 of the Civil Code the parties hereto recognize and agree that this
<br />agreement is not a construction contract. By execution of this agreement Contractor
<br />acknowledges and agrees that it has read and understands the provisions hereof and that
<br />this paragraph is a material element of consideration.
<br />Approval of the insurance contracts does not relieve the Contractor or subcontractors
<br />from liability under this paragraph.
<br />10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may
<br />be funded by fiscal assistance from another governmental entity, Contractor shall comply
<br />with 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
<br />Contractor pursuant to this Agreement shall become the property of City upon
<br />completion of the work to be performed hereunder or upon termination of the
<br />Agreement.
<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,
<br />laws prohibiting discrimination based on race, religious creed, color, national origin,
<br />ancestry, physical handicap, medical condition, marital status or sex.
<br />13. USE OF RECYCLED PRODUCTS. Contractors shall prepare and submit all
<br />reports, written studies and other printed material on recycled paper to the extent it is
<br />available at equal or less cost than virgin paper.
<br />Exhibit D; Page 5 of 5
<br />10/18/88 Rev.,4/20/89 Rev.,
<br />1/10/90 Rev., 4/16/90 Rev.,
<br />1/21/92 Rev., 8/10/92 Rev.,
<br />4/27/93 Rev.
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