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Financial Banking Institution will be responsible for subcontractors and the City shall <br />assume no liability of such subcontractors. For all purposes under this Agreement, <br />inclusive of all attachments hereto. "subcontractor" and "subcontract" shall refer to a <br />third party or an agreement with such third party, if any and as applicable engaged <br />by the Bank to specifically aid in the performance of its obligations under this <br />Agreement but shall not include any third party engaged by the Bank, from time to <br />time in the performance of certain operational technological incidental or back office <br />functions that assist the Bank, in its performance ofservices on a common basis, for all <br />or most of its customers utilizing such services such latter category of third parties <br />being referred to as Third Party Service Providers. The Bank will obtain prior consent <br />to its use of any "subcontractors" in the performance of services to the extent and in the <br />manner required under this Agreement, but shall not be required to notify or obtain <br />written consent from Board or any other party to its engagement of Third Party <br />Service Providers. <br />RFP, Attachment 8, P.36. #11 Rules for Proposal <br />signer Role= f n C^ D . als The signer of the non ff.ust a Eleelare in sffiting h h 7 <br />persens, eempany, or paffies interested in the proposal as pfifleipals are flamed f <br />the t 1 l fi fi g thfft . <br />a Y Y i ffiade i�itheiA n a• bar with <br />any other pef!safi, i3efsens, eempa", or- paMes submitting a proposal; lastly, the signer <br />. The <br />signer of the RFP must declare in writing those matters certified in Attachment 2 <br />RFP, Attachment 8, P.36. #12 Payment Schedules <br />The City of Santa Ana and the selected Financial Banking Institution will negotiate the <br />payment schedule based upon defined a measurable Fnilestenes and deliverables not <br />more than io days following the City's receipt of an account analysis statement except <br />to the extent amounts are disputed therein. Under no circumstances will payments be <br />made in advance of work performed. <br />RFP, Attachment 8, P.36. #13 Project completion Holdback <br />i3. Pre}eet esmpletien H-eldbaek Where the Gitfy of SeHtaAna afid the seleete d <br />speeifiedprojeet/pespense item, the Ot-g will require a 0 <br />approval. <br />RFP, Attachment 8, p.37. Rights to Pertinent Materials <br />All responses, inquiries, and correspondence relating to this RFP and all reports, charts, <br />displays, schedules, exhibits, and other documentation produced by the Financial <br />Banking Institution that are submitted as part of the proposal shall become the property <br />of the City upon receipt. The City will notify the Proposer of any requests for production <br />of Pro op ser's proposal as soon as reasonably practicable to enable Proposer to seek <br />Page 125 J.P. Morgan <br />