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CM <br />lo. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shall <br />take ail responsibility for the work, shall bear al} losses and damages dir-eetl • or'^a'reetly <br />resulting to him, to any subcontractor, to the City, to City officers and employees, <br />designated by the City, on account of the, performance of the work, <br />of r-eseen diffi ,hies, accidents, occurrences or other causes t ` <br />": i€>':7""negligence of the Contractor or of any subcontractor. Contractor shall <br />indemnify, defend and hold harmless the City, its officers, officials, directors, employees and <br />agents from and against any ell loss, liability, expense, elaiffl, costs (including costs of <br />defense), suits, and damages , <br />m, 1 thX.e hggperformance of the work. This paragraph shall not <br />be construed to exempt the City, its employees and officers from its own fraud, willful injury or <br />violation of law whether willful or negligent, or its own negligence t. .... 11 . <br />pur-peses ef Seetien 2782 ef the Givil Gede the pai4ies hereto id agree that this <br />By execution of this Agreement, Contractor <br />acknowledges and agrees that it has read and understands the provisions hereof and that this <br />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 />11. GOVERNMENTAL REGI Ti ATIONS. To the extent that this Agreement maybe funded <br />by fiscal assistance from another governmental entity, Contractor shall comply with all <br />applicable rules and regulations to which City is bound by the terms of such fiscal assistance <br />program. <br />12. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, <br />memoranda or other written documents or materials prepared by Contractor pursuant to this <br />Agreement shall become the property of City upon completion of the work to be performed <br />hereunder or upon termination of the Agreement. <br />13. COMPLIANCE WITH APPLICABLE LAWS. Contractor shallict?t <br />the e rformance <br />to laws applicable ih a s "` ::ohs€ fcx <br />com <br />ply 1 with a-Il <br />�us'prr���.� �ax� tr��OM xts �.::.: :::: P yP <br />of the work hereunder, including, but not limited to, laws prohibiting discrimination based on <br />race, religious creed, color, national origin, ancestry, physical handicap, medical condition, <br />marital status or sex. <br />14. 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 equal <br />or less cost than virgin paper. <br />Exhibit D <br />6/12/95 rev. <br />5/20/97 rev. <br />Page 6 of 7 <br />J:\ W PD\Forms\Agre\ExhibitD. W 61 <br />