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SECTION 13. INDEMNIFICATION <br />The Contractor shall indemnify and hold harmless the City and its officers, agents and <br />employees from and against all claims, damages, losses or expenses, including attorney fees, for <br />which it may be held liable, arising out of or resulting from the assertion against them of any <br />claims, debts or obligations in consequence of the performance of this Contract by the <br />Contractor, its employees, agents or subcontractors. <br />Nothing in this Contract shall be construed to create an employer/employee, partnership, joint <br />venture, license or agency relationship between the parties hereto and neither party shall have the <br />right or authority to bind the other in any manner. For purposes of this Contract, Contractor shall <br />be deemed an "independent contractor" as defined by law. Contractor's employees shall not be <br />entitled to any employment benefits given to City employees. <br />SECTION 14. TERMINATION <br />The City shall have the right to terminate this Contract prior to the expiration of its term if in the <br />City's opinion, there has been a breach of its terms by the Contractor or if the City decides to <br />change the way in which it provides for the refuse and recycling services. <br />SECTION 15. PENALTIES AND DAMAGES <br />A. Failure by the Contractor to perform under this Contract, may result in its <br />termination and/or claims by the City for damages. <br />B. In the event of breach of this Contract by the Contractor, or proven negligence by <br />the Contractor, the Contractor agrees to pay, in addition to the actual damages <br />sustained by the City as a result thereof, the reasonable attorney's fees incurred by <br />the City in pursuing any of its rights under this Contract. <br />SECTION 16. SUCCESSORS AND ASSIGNS <br />The Contractor binds itself, its successors, executors, administrators and assigns to the City in <br />respect to all covenants of this Contract, except that the Contractor shall not assign or transfer <br />any part of its interest in this Contract nor shall the Contractor assign any moneys due, or to <br />become due, without the City's written consent. <br />SECTION 17. AMENDMENT, MODIFICATION OR WAIVER <br />No amendment, modification, or waiver of any condition, provision, or term of this Contract <br />shall be valid or of any effect unless made in writing, signed by the party or parties to be bound <br />or by its duly authorized representative, and specifying with particularity the extent and nature of <br />7 <br />