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is customarily engaged in the independent performance of the same or similar services for <br /> others. The manner in which the Services are performed shall be controlled by Contractor; <br /> however, the nature of the Services and the results to be achieved shall be specified by <br /> City.. Contractor is not to be deemed an employee or agent of City and has no authority to <br /> ~I make any binding commitments or obligations on behalf of City except to the extent <br /> 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 corporate <br /> surety approved by City, in an amount equal to the amount bid for performance of the <br /> Services, in favor of City, and guaranteeing Contractor's faithful performance of all terms, <br /> covenants and .conditions of this contract. Such bond shall remain in effect throughout the <br /> 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 /> <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 subcontrac- <br /> tors. <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 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 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 with 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 /> Non-Facility Trade Service Contract-Page 4 <br /> (Revised December 1997) <br /> <br />