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<br /> c ' <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 forothers. The manner in which,the Services are performed 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 performance <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 /> throughout' the term of this contract. <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 performance 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, in 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 he event of an_assignment,-Gontractor shall..remain liable foc performance <br /> under this contract unless expressly released by City. <br /> 15.---Default --Contractor shall be in default under this contract won 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 performance; <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 /> of Contractor used in connection wi#h or which is the subject of this contract, or the <br /> appointment of a receiver or trustee for all or substantially all of Contractor's assets; <br /> or <br /> 15.3 Contractor's failure to maintain any license, permit, certification, bond or other <br /> authorization required by Federal, State or local law or regulations for performance <br /> of the Services or any portion thereof. <br /> 16. Termination. Notwithstanding any other provision to the contrary, this contract may be <br /> terminated as follows: <br /> 16.1 By mutual written agreement of the parties at any time; <br /> <br />