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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 <br />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. <br />