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8. Insurance Not A Limitation. The insurance coverage and requirements cantained in this Section <br /> shall not be construed to be a limitation af liability far the Consulting Engineer. <br /> E. TERMINATION <br /> 1. This Agreement may be terminated in whote or in part in writing by either party in the event of <br /> substantial failure by the other party to fulfill its obligations under this Agreement through no <br /> fault af the terminating party; pravided that no such termination may 6e affected unless the ather <br /> party is given not less than �fteen(15)calendar days prior written notice(delivered by certified <br /> mai1, re#urn receipt requested}af intent to terminate, and an apportunity for consultatian with the <br /> terminating party prior to termination. <br /> 2. This Agreernent rnay be terminated in whole or in part in writing by the City for its conveniance; <br /> provided that the Consulting Engineer is given not less than fifteen{15)calendar days prior <br /> written notice delivered by certified mail, return receipt requested of intent to terminate, and an <br /> oppartunity for consultation with the City prior to termination. <br /> 3. llpo�a receipt of a notice of intent ta terminate from the City pursuant to this Agreement,the <br /> Consutting Engineer shall{1)prainptly discontinue all services affected{unless the natice directs <br /> otherwise), and(2)make available to the City at any reasonable time at a (ocatian specified by the <br /> City a1� data, drawings, specifications, reports, estirnates, stimmaries, and such other information <br /> and �naterials as nlay have been accumulated by the Consulting Engineec in performing this <br /> Agreement, whether conlpleted or iii pracess. <br /> 4. Upon terzninatian pursuant to this Agreement,the City's Representative snay take over the wor�: <br /> and complete the same by agreement witli another party or atherwise. <br /> F. EQUAL EMPLOYMENT OPPORTITNITY R�OUIREMENTS. The Consulting Engineer <br /> agrees ta abide by and coinply witl�t11e City's "Equal Employment Opportunity Clat�se"(attached and <br /> marl:ed hereto as Exhibit F and i��corporated het-ein by reference)to tlle extent that the clairse is <br /> applicable to tl�rs contract. <br /> G. INDEPENDENT CONTRACTOR STATUS. Nathing contained in this Agreement sltall be <br /> co��strued to make the Consulting Engineer an employee or partner af tl�e City. Tl�e Consulting <br /> Engineer shail at atl times hereunder be construed to be an independent contractor. <br /> H. FEDER.AL FUNDING. If Federal Funds are utilized as a source of Project funding, tlic <br /> Car�sulting Engineer shall abide by the terms of all Federal requirements in the performance of duties <br /> heceunder. <br /> I. AMENDMENT OF AGI2EEMENT. This Agt�ee�ne��t sha116e amended or suppleinented ar�ly in <br /> writing and executed by both parties hereto. <br /> J. HOLD ��ARMLESS. Cansuiting Enguleer sl�all indemnify and save harmless the City, its officers <br /> and employees against claims for damages to prapet•ty ar injuries to or death of any person or <br /> persons, including property and empioyees or agents of the City and including reasonable attorney's <br /> fees incurred by the City or required in any way to be paid by the City, in defense thereof,and shall <br /> indemnify and save harmless the City from all claims, demands, suits, actions or proceedings <br /> including Worker's Compensation clainls, of ar by anyone whoinsoever,to the extent proximately <br /> caused or proximately arising aut af negligent acts or omissions ta act by Consulting Engineer in <br /> cannection with its performance af this contract, including aperations of its subcontractors and <br /> negliger�t acts or omissions of emplayees or agents of the Cansulting Engineer ar its subcantractors. <br /> I,ast Revised:Q8/22/2019 <br />