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h. The making by Depositor of a general assignment for the benefit of creditors; i. The appointment of a general receiver or trustee in bankruptcy of Depositor's business or property; or j. Action by Depositor under any state or federal insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 7.13.17 Standard of Care. City relies upon the professional ability of Contractor and representations regarding the type of work to be performed as a material inducement to entering into this Agreement. Contractor shall perform the professional services hereunder in accordance with the highest professional standards of those engineers engaged in providing hardware and software design and maintenance services. Contractor agrees that the acceptance of its work by City shall not operate as a waiver or release of said obligation of Contractor. The absence, omission, or failure to include in this Agreement, items which are normally considered to be a part of generally accepted professional procedure or which involve specialized professional judgment appropriate to the type of work to be performed under this Agreement shall not be used as a basis for submission of inadequate work or incomplete performance. 7.13.18 Covenant Against Contingent Fees. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or, in its discretion to deduct from the Agreement price or Primary Agreement Page 42