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Exhibit A
<br /> maintenance of Project beyond the specified amount set forth in this Agreement.
<br /> 9. Owner agrees to provide and allow City employees,officers,agents and employees
<br /> access to Property upon five(5)days notification by City for the purpose of planning,
<br /> constructing, implementing, installing, monitoring, inspecting,performing follow-up and spot
<br /> checking Project for the term of this Agreement.
<br /> 10. In the event Owner fails to complete Project,or removes, alters or modifies Project
<br /> without prior written agreement and approval of the City, City shall have no obligation to
<br /> reimburse Owner or make any payments to Owner under the terms of this Agreement. If the
<br /> City has provided any reimbursement or monies to Owner for Project and Owner fails to
<br /> complete Project,or removes,alters or modifies Project without written agreement and
<br /> approval of the City, Owner shall reimburse and pay to City all monies received under the terms
<br /> of this Agreement within thirty (30)days following demand by the City for payment.
<br /> 11. Owner hereby assumes liability for and agrees to protect,hold harmless,and
<br /> indemnify the City, its assigns,officers,employees, directors,agents and servants from and
<br /> against all liabilities,obligations, losses, damages, penalties,judgements, settlements,claims,
<br /> actions, suits, proceedings,costs,expenses,and disbursements, including legal fees and expenses
<br /> of whatever kind and nature, imposed on,incurred by or asserted against the City, its assigns,
<br /> officers, employees,directors, agents,and servants in any way relating to or arising out of any
<br /> allegations, claims,or charges regarding the use of funds provided in this Agreement or the
<br /> Project undertaken by Owner,including but not limited to Owner's violation of any of the
<br /> covenants or agreements under this Agreement,any act or failure to act done in connection with
<br /> the performance or operation of Project,and any injury to any person, loss of life,or loss or
<br /> destruction of property in any way arising out of or relating to the performance or operation of
<br /> the use of funds in Program or in the construction,operation or maintenance of Project.
<br /> 12. This Agreement may be terminated in whole or in part by either party in writing in
<br /> the event of failure by the other parry to fulfill its obligations under this Agreement through no
<br /> fault of the terminating parry. No termination shall be effective until and unless the other party is
<br /> given not less than fifteen(15) calendar days prior written notice of intent to terminate and an
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