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AGREEMENT NO. C-1-2492 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />items readily accessible to such parties during CITY's and CONTRACTOR's performance hereunder <br />and for a period of four (4) years. AUTHORITY's right to audit books and records directly related to this <br />Agreement shall also extend to all first-tier subcontractors. <br />ARTICLE 9. TERMINATION <br />A. AUTHORITY, CITY or CONTRACTOR may, for its own convenience, terminate this <br />Agreement at any time in whole or in part by giving the other parties written notice thereof of not less <br />than ninety (90) days in advance of the specified date of termination. <br />B. If Agreement is terminated prior to July 1 st of any year within the term, CITY and/or <br />CONTRACTOR shall return funds received to AUTHORITY on a prorated basis for that annual <br />allocation. <br />ARTICLE 10. INDEMNIFICATION <br />A. CONTRACTOR shall indemnify, defend and hold harmless AUTHORITY and CITY, <br />their officers, directors, employees and agents from and against any and all claims (including <br />attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily <br />injuries, including death, damage to or loss of use of property caused by the negligent acts, <br />omissions, or willful misconduct by CONTRACTOR, their officers, directors, employees, agents, <br />subcontractors or suppliers in connection with or arising out of the performance of this Cooperative <br />Agreement. <br />B. CITY shall indemnify, defend and hold harmless AUTHORITY, their officers, directors, <br />employees and agents from and against any and all claims (including attorney's fees and <br />reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including <br />death, damage to or loss of use of property caused by the negligent acts, omissions, or willful <br />misconduct by CITY, their officers, directors, employees, agents, subcontractors or suppliers in <br />connection with or arising out of the performance of this Cooperative Agreement. <br />ARTICLE 11. ALCOHOL AND DRUG POLICY <br />A. CITY and CONTRACTOR agree to establish and implement an alcohol and drug <br />Page 6 of 8 <br />L:\Camm\CLERICAL\WORDPROC\AGREE\AG 12492. docx