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period for submitting invoices has expired, CITY shall reallocate the remaining balance under this <br />AGREEMENT for other program purposes and HPRP activities to another program and <br />SUBRECIPIENT shall be ineligible for any further reimbursement. <br />6. SUBRECIPIENT shall further be responsible for SUBRECIPIENT's <br />BUDGET which is incorporated by reference, and attached as Exhibit B. <br />7. CITY may, in its absolute discretion, withhold payment of a request <br />submitted by SUBRECIPIENT if the costs requested are disproportionate to the number of persons <br />served. <br />8. Requests for administrative costs shall not exceed .025% of the total <br />payment request. <br />VII. GENERAL ADMINISTRATION <br />A. SUBRECIPIENT shall provide the oversight, administration and project <br />management necessary to accomplish all contracted activities in a timely manner. <br />SUBRECIPIENT also agrees to comply with all applicable federal, state and local laws and <br />regulations governing the funds provided under this AGREEMENT. <br />B. Independent Contractor <br />Nothing contained in this AGREEMENT is intended to, or shall be construed in any <br />manner, as creating or establishing the relationship of employer/employee between the parties. <br />SUBRECIPIENT and its subcontractors shall at all times remain independent contractors with <br />respect to the services to be performed under this AGREEMENT. CITY shall be exempt from <br />payment of any Unemployment Compensation, FICA, retirement, life and/or medical insurance <br />and Workers' Compensation Insurance as SUBRECIPIENT is an independent contractor. <br />C. Hold Harmless <br />SUBRECIPIENT shall hold harmless, defend with counsel approved in writing by <br />CITY and indemnify CITY, its officials, officers, employees, and agents from any and all claims, <br />actions, suits, charges and judgments whatsoever including but not limited to personal injury or <br />property damage that arise out of SUBRECIPIENT's and/or its subcontractor's use of funds, <br />performance or nonperformance of the project and/or scope of work called for in this <br />AGREEMENT. <br />D. Assi n~X <br />SUBRECIPIENT shall not assign or transfer any interest in this AGREEMENT <br />without the prior written consent of CITY. <br />Page 7 of 26 <br />20C-12 <br />