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10. Workers' Compensation. Whether or not Contractor will pertorm the Services without <br /> the help of others, Contractor agrees that it will obtain and maintain Workers' Compensa- <br /> tiori insurance coverage throughout the duration of this contract as acarrier-insured <br /> employer or individual, as the case may be. Contractor acknowledges that it is a subject <br /> employer under ORS 656.017, and agrees to comply with all legal requirements resulting <br /> therefrom. <br /> 11. Relationship of Parties. Whether Contractor is a corporation, partnership, other legal <br /> entity or an individual, Contractor's relationship to City is that of an independent contractor. <br /> If Contractor is an individual, Contractor's duties will be pertormed with the understanding <br /> that Contractor is aself-employed person and has special expertise as to the Services, <br /> and is customarily engaged in the independent performance of the same or similar <br /> services for others. The manner in which the Services are pertormed shall be controlled <br /> by Contractor; however, the nature of the Services and the results to be achieved shall be <br /> specified by City. Contractor is not to be deemed an employee or agent of City and has no <br /> authority to make any binding commitments or obligations on behalf of City except to the <br /> extent expressly provided herein. <br /> 12. Performance Bond. If required by City, Contractor shall deliver to City at the time of <br /> execution of this contract a performance bond in a form satisfactory to City with a <br /> corporate surety approved by City, in an amount equal to the amount bid for pertormance <br /> of the Services, in favor of City, and guaranteeing Contractor's faithful performance of all <br /> terms, covenants and conditions of this contract. Such bond shall remain in effect <br /> throughott the term of this contract. <br /> <br /> _ 13. Subcontracting. Contractor shall not subcontract its work under this contract, in whole or _ <br /> in part, without City's prior written approval, which may be withheld for' any reason. <br /> Contractor shall require any approved subcontractor to agree, as to the portion <br /> ___-subcontracted,_to -comply with__all -obligations of__Contractor specified in-this contract. - _ _ _ - _ <br /> Notwithstanding City's approval of a subcontractor, Contractor shall remain obligated for <br /> full pertormance of this contract and City shall incur no obligation to any subcontractor. <br /> Contractor shall indemnify, defend and hold City harmless from all claims of its <br /> subcontractors. <br /> 14. Assignment. Contractor shall not assign this contract, iri whole or in part, or any right or <br /> obligation hereunder, without City's prior written approval, which may be withheld for any <br /> reason. In the event of an assignment, Contractor shall remain liable for performance <br /> under this contract unless expressly released by City. <br /> 15. Default. Contractor shall be in default under this contract upon the occurrence of any of <br /> the following ("events of default"): <br /> 15.1 Contractor's failure to perform or observe 'any provision of this contract, if such <br /> failure continues for a period of two days after City has notified Contractor in writing, <br /> specifying the nature of Contractor's failure of pertormance; <br /> 15.2 The bankruptcy or insolvency of Contractor, a transfer in fraud of creditors, an <br /> assignment for the benefit of creditors or an execution issued against any property <br /> Non-Facility Trade Service Contract-Page 4 <br /> (Revised December 1997) <br /> <br />