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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 />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 />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 />16.2 Upon written notice from City to Contractor of the occurrence of an event of default; <br />or <br />Non - Facility Trade Service Contract- -Page 4 <br />(Revised December 1997) <br />