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EXHIBIT A <br /> 11. Owner hereby assumes liability for and agrees to protect, hold harmless, and indemnify <br /> the City, its assigns, officers, employees, directors, agents and servants from and against all <br /> liabilities, obligations, losses, damages,penalties,judgements, settlements, claims, actions, suits, <br /> proceedings, costs, expenses, and disbursements, including legal fees and expenses of whatever <br /> kind and nature, imposed on, incurred by or asserted against the City, its assigns, officers, <br /> employees, directors, agents, and servants in any way relating to or arising out of any allegations, <br /> claims, or charges regarding the use of funds provided in this Agreement or the Project <br /> undertaken by Owner, including but not limited to Owner's violation of any of the covenants or <br /> agreements under this Agreement, any act or failure to act done in connection with the <br /> 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 the <br /> event of failure by the other party to fulfill its obligations under this Agreement through no fault <br /> 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 /> the bid which Owner receives for Project exceeds the total not to exceed project cost of Project <br /> as set forth in Exhibit 2 by fifteen percent(15%)or more. <br /> 14. All notices, demands and requests that are required or allowed to be given by either party <br /> shall be in writing and shall be personally delivered or sent by certified mail,postage prepaid,to <br /> the address as set forth below or to such other address as either party may subsequently designate <br /> in writing: <br /> 3 of 5 <br />