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4. Upon termination pursuant to this Agreement,the City's Representative may take over the work <br /> and complete the same by agreement with another party or otherwise. <br /> F. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS. The Consulting Engineer <br /> agrees to abide by and comply with the City's"Equal Employment Opportunity Clause"(attached and <br /> marked hereto as Exhibit F and incorporated herein by reference)to the extent that the clause is <br /> applicable to this contract. <br /> G. INDEPENDENT CONTRACTOR STATUS. Nothing contained in this Agreement shall be <br /> construed to make the Consulting Engineer an employee or partner of the City. The Consulting <br /> Engineer shall at all times hereunder be construed to be an independent contractor. <br /> H. FEDERAL FUNDING. If Federal Funds are utilized as a source of Project funding,the <br /> Consulting Engineer shall abide by the terms of all Federal requirements in the performance of duties <br /> hereunder. <br /> I. AMENDMENT OF AGREEMENT. This Agreement shall be amended or supplemented only in <br /> writing and executed by both parties hereto. <br /> J. HOLD HARMLESS. Consulting Engineer shall indemnify and save harmless the City,its officers <br /> and employees against claims for damages to property or injuries to or death of any person or <br /> persons, including property and employees or agents of the City and including reasonable attorney's <br /> fees incurred by the City or required in any way to be paid by the City,in defense thereof,and shall <br /> indemnify and save harmless the City from all claims,demands, suits,actions or proceedings <br /> including Worker's Compensation claims,of or by anyone whomsoever,to the extent proximately <br /> caused or proximately arising out of negligent acts or omissions to act by Consulting Engineer in <br /> connection with its performance of this contract, including operations of its subcontractors and <br /> negligent acts or omissions of employees or agents of the Consulting Engineer or its subcontractors. <br /> The City shall indemnify and save harmless the Consulting Engineer,its officers and employees <br /> against any and all claims for damages to property or injuries to or death of any person or persons, <br /> including property and employees or agents of the Consulting Engineer and including reasonable <br /> attorney's fees incurred by the Consulting Engineer or required in any way to be paid by the <br /> Consulting Engineer, in defense thereof, and shall indemnify and save harmless the Consulting <br /> Engineer from all claims,demands,suits,actions or proceedings including Worker's Compensation <br /> claims,of or by anyone whomsoever,proximately caused or proximately arising out of negligent acts <br /> or omissions to act by City in connection with its performance of this contract,including operations <br /> of its subcontractors and negligent acts or omissions of employees or agents of the City or its <br /> subcontractors. <br /> Insurance coverage specified in this Agreement constitutes the minimum requirements and said <br /> requirements shall not lessen or limit the liability of the Consulting Engineer under the terms of the <br /> Agreement. The Consulting Engineer shall procure and maintain at his own cost and expense, any <br /> additional kinds and amounts of insurance that,in the Consulting Engineer's own judgment,may be <br /> necessary for the Consulting Engineer's proper protection in the prosecution of the work.Neither <br /> Party shall be liable to the other Party for incidental, indirect, special or consequential damages. <br /> K. COPYRIGHT ASSIGNMENT. The Consulting Engineer assigns to the City any and all of <br /> Consulting Engineer's rights under copyright laws for work prepared by the Consulting Engineer,its <br /> employees, subcontractors or agents in connection with this Contract,including any and all rights to <br /> register said copyright,renewal rights,determination rights and import rights. The Consulting <br /> Engineer agrees to execute any additional documents the City may request to effectuate the <br /> assignment of said copyright. <br /> 6 <br /> Last Revised:2/03/2022 <br />