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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 <br /> obligations under this Agreement, Owner shall reimburse and pay to City all monies received <br /> under the terms of this Agreement within thirty (30)days following demand by the City for <br /> payment. <br /> 13. In addition to termination as set forth above,this Agreement shall be terminated <br /> immediately without further notice or opportunity to consult and become void if funding <br /> becomes unavailable for any reason for Project prior to any actual construction of Project or if <br />