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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 party to fulfill its obligations under this Agreement through no
<br /> fault of the terminating party. 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
<br /> opportunity for consultation with the terminating party prior to termination. If the City has
<br /> provided any reimbursement or monies to Owner for Project and Owner has failed to fulfill its
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