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<br />transferee in writing. <br /> <br />B. Payment of Subcontractor and Employees. The Contractor agrees to promptly pay all <br />persons doing work or furnishing skills, tools, machinery, or materials or insurance <br />premiums or equipment or supplies and all just claims for such work, material, <br />equipment insurance, and supplies in and above the performance of this Contract. <br />Contractor agrees that it will hold City harmless from any claim described in this <br />paragraph. <br /> <br />VIII. OTHER PROVISIONS. <br /> <br />A. Title. Title to all refuse, yard waste and recyclables collected remains in the Contractor until all <br />the waste is delivered to the authorized processing plant, recycling center, or yard waste site. <br /> <br />B. Independent Contractors. The Contractor is an independent contractor. Nothing in this Contract <br />is to be construed to create the relationship of employer and employee between the City and the <br />Contractor or its agents, or make the Contractor, its agents, or employees of the City. <br /> <br />IX. TERMINATION. <br /> <br />A. The City may terminate this Contract if in the City's reasonable judgment there has been a <br />breach of any provision by the Contractor, or if in the City's reasonable judgment there is other <br />good cause for termination. <br /> <br />B. Upon failure ofthe Contractor to fulfill any of the provisions of this contract, the City may be <br />authorized to hire such personnel and equipment, or assign City employees and equipment, as <br />may be necessary to do such work, and the cost of such expenses thereof may be charged and <br />deducted from any monies due the Contractor, collected from the Contractor, or collected by <br />recourse to the Contractor's financial guaranty. <br /> <br />C. The Contractor will not be in breach and the City will have no right to terminate the agreement <br />unless Contractor fails to cure the breach or fails to perform within 30 days of receipt by the <br />Contractor of written notice from the City. The breach or failure must be cured to the <br />satisfaction of the City Administrator. <br /> <br />X. ENTIRE AGREEMENT. <br /> <br />This Contract is the entire agreement between the parties. No modification of this Contract is <br />valid or effective, unless made in writing and signed by the parties hereto. <br /> <br />IN WITNESS WHEREOF, the parties hereto have set their hands on the 12th Day of February <br /> <br />2003. <br /> <br />-13- <br />