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Program Manager's expense by counsel satisfactory to the City and Program <br />Manager. <br />6.3 The City shall promptly notify Program Manager of any claim, action, or <br />proceeding against the City or the City's officers, agents, employees, or <br />independent contractors, relating to the performance, or omission to perform, any <br />term or condition of this Agreement. The City shall cooperate fully in the defense <br />of such claim, action, or proceeding. <br />6.4 The City shall not be liable or responsible for any accident, loss or damage <br />occurring on or to the work prior to the completion and acceptance of same, <br />unless otherwise specifically agreed to at the time of occupancy by the City. <br />6. Section 12, TERMINATION, shall be deleted in its entirety and replaced with the <br />following: <br />This Agreement may be terminated at any time by either Program Manager or the <br />City upon written notice to the other party. If either party gives notice of <br />termination, the City shall issue payment for all services and work performed and <br />costs incurred to the date of written notice. In the event this Agreement is <br />terminated, Program Manager shall assign to the City, effective upon such <br />termination, all of its agreements with Contractors, subject to the prior rights of <br />the surety providing the payment and performance bond required under this <br />Agreement. <br />7. Except as herein amended, all terms and conditions of said Agreement shall remain <br />in full force and effect. <br />