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from liability because of failure to pay the premium or termination of the period of the bond
<br />without renewal thereof.
<br />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 />SECTION 14. TERMINATION
<br />The City shall have the right to terminate this Contract prior to the expiration of its term ff 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 termination
<br /> 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 the
<br /> Contractor, the Contractor agrees to pay, in addition to the actual rl~m~ges sustained by
<br /> the City as a result thereof, the reasonable attorney's fees incurred by the City in pursuing
<br /> 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 alt 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 monies due, or to
<br />become due, without the City's written consent.
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<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 val/fl or of any effect unless made in writing, signed by the party or parties to be bound or
<br />by its duty authorized representative, and specifying with particularity the extent and nature of such
<br />amendment, modification, or wavier. Any waiver by any party or any default of another party
<br />shall not affect or impair any right arising from any subsequent default.
<br />SECTION 18. SEVERABLE PROVISIONS
<br />Each provision, section, sentence, clause, phrase, and word of this Contract is intended to be
<br />severable, ff any provision, section, sentence, clause, phrase, or word hereof is illegal or invalid
<br />for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder
<br />of this Contract.
<br />SECTION 19 ENTIRE CONTRACT
<br />This Contract contains the entire understanding of the parties hereto with respect to the
<br />transactions contemplated hereby and supersedes all prior agreements and understanding between
<br />the parties with respect to such subject m~rter. No representations, warranties, undertakings, or
<br />promises, whether oral, implied, written, or otherwise, have been made by either party hereto to
<br />the other unless expressly stated in this Contract or unless mutually agreed to in writing between
<br />the parties hereto after the date hereof, and neither party has replied on any verbal representations,
<br />agreements, or understandings not expressly set forth herein.
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