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<br />SAC-OB-01O <br /> <br /> <br />employees, and volunteers, from and against all loss, cost, and expense <br /> <br />arising out of any liability or claim of liability, sustained or claimed to <br /> <br />have been sustained, arising out of the activities, or the performance or <br /> <br />nonperformance of obligations under this Agreement, of the indemnifying <br /> <br />party, or those of any of its officers, agents, employees, or volunteers. The <br /> <br />provisions of this Article do not apply to any damage or losses caused <br /> <br />solely by the negligence or intentional acts of the non-indemnifying party <br /> <br />or any of its agents or employees. <br /> <br />5. Term of Agreement. Either party may cancel or terminate this Agreement <br /> <br />without cause upon 30 days prior written notice given to the other party. <br /> <br />6. Termination For Cause. The District may terminate this Agreement and <br /> <br />be relieved of any consideration to Agency should Agency fail to perform <br /> <br />the covenants herein at the time and in the manner provided. In the event <br /> <br />of such termination the District may proceed with the work in any manner <br /> <br />deemed proper by the District. The cost to the District shall be deducted <br /> <br />from any sum due the Agency under this Agreement. <br /> <br /> <br />7. Assignment. This Agreement shall not be assigned by Agency either in <br /> <br /> <br />whole or in part. Any such purported assignment voids this Agreement. <br /> <br /> <br />8. Time Is of the Essence. Time is of the essence for each of the provisions <br /> <br />of this Agreement, and all the provisions of this Agreement shall extend to <br /> <br />and be binding upon and inure to the benefit of the heirs, executors, <br /> <br />administrators, successors, and assigns of the respective parties hereto. <br /> <br />9. Amendments. No amendments of the terms of this Agreement shall be <br /> <br />valid unless made in writing and signed by the parties hereto, and no oral <br /> <br />understanding or agreements not incorporated herein shall be binding on <br /> <br />any ofthe parties hereto. <br /> <br />5 <br />