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EXHIBIT A <br /> has provided any reimbursement or monies to Owner for Project and Owner fails to complete <br /> Project,or removes,alters or modifies Project without written agreement and approval of the <br /> City, Owner shall reimburse and pay to City a portion of monies received as set forth in Exhibit 4 <br /> under the terms of this Agreement within thirty (30)days following demand by the City for <br /> payment. <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 /> 3 of 6 <br />