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<br />" <br />STATE OF CALIFORNIA '-' <br />STANDARD AGREEMENT <br />STD. 2 (REV. 5-91) (REVERSE) <br /> <br />'wi <br /> <br />Contracl12.0594 <br /> <br />1. Neither State nor any officer or employee thereof is responsible for any damage or liability <br />occurring by reason of anything done by Contractor under, or in connection with any work, <br />authority, or jurisdiction delegated to Contractor under this Agreement. It is understood and <br />agreed that, pursuant to Govemment Code Section 895.4, Contractor shall fully defend, <br />indemnify, and save harmless the State of California, all officers and employees from all <br />claims, suits, or actions of every name, kind, and description brought for or on account of <br />injury as defined in (Government Code Section 810.8) occurring by reason of anything done or <br />omitted to be done by Contractor under or in connection with any work, authority, or <br />jurisdiction delegated to Contractor under this Agreement with the exception that Contr.-ctor <br />shall not be responsible to indemnify or hold harmless State from any claims, suits, or actions <br />resulting from the willful misconduct or sole negligence of State, its officers or employees <br /> <br />2. The Contractor, and the agents and employees of Contractor, in the performance of the <br />agreement, shall act in an independent capacity and not as officers or employees or agents of <br />State of Califomia. <br /> <br />3. Either Party reserves the right to terminate this agreement without cause upon thirty (30) days <br />written notice to the other Party, or immediately in the event of a material breach. In the event <br />of termination, City shall be paid for all allowable expenses incurred up to the date of <br />termination, including any uncancellable obligations. <br /> <br />4. Without the written consent of the State, this agreement is not assignable by Contractor either <br />in whole or in part. <br /> <br />5. Time is of the essence in this agreement. <br /> <br />6, No alteration or variation of the terms of this contract shall be valid unless made in writing and <br />signed by the parties hereto, and no oral understanding or agreement not incorporated <br />herein, shall be binding on any of the parties hereto. <br /> <br />7. The consideration, to be paid Contractor, as provided herein, shall be in compensation for all <br />of Contractor's expenses incurred in the performance hereof, including travel and per diem, <br />unless otherwise expressly so provided. <br />