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RCA—Financial Crimes Services (FCS) Page 5 of 8 Non- Co p t During the term of this agreement the City shall not establish a competing worthless check diversion program. Aareement Date - This Agreement shall remain in effect from , 2008�p to 2011. This agreement shall automatically renew for successive one-year terms unless cancelled in writing upon 30 days notice. 10. City has no financial liability - It is understood and agreed by and between the parties that FCS and/or any subcontractor will bear all financial liability for all aspects of its operations under this Agreement. IN 0 Termination of mis agreement. A. This Agreement may be terminated at any time by either party upon 30 days written notice to FCS or the authorized agent of the City. This Agreement may be terminated by FCS upon 30 days written notice to the authorized agent of the City if PC determines that it cannot conduct or administer the Worthless Check program because program-related income does not equal program costs. B. This Agreement may be immediately terminated by the City at any time if the City determines that FCC, is acting, or has acted at any time during the term of this Agreement, in violation of state or federal law. 12. Amendments or Material Modifications - All amendments or modifications to this Agreement must be in writing and approved by both parties. 13. No City Oblization to Merchants - FCS and victims who participate in this program fully understand that the Worthless Check Program is providing a public service and the City of Roseville is held harmless and has no liability to make recovery of any check(s), or obligated to take criminal action I against offender(s). 14. Criminal Action – The City Attorney's Office for the City of Roseville may choose to prosecute offender(s), at its sole discretion when the offender fails to participate or complete Agreements with FCS I and victim(s). 15. Hold Harmless and In dem n ification: A. FCS shall save and protect, hold harmless, indemnify and defend the City, its officers and employees against any and all claims, causes of action, suits, liabilities, losses, charges, damages or costs and expenses arising from or allegedly arising from, or resulting directly or indirectly from any professional errors and omissions and/or negligent or willful acts or omissions of FCS and its employees and agents, in the performance of this Agreement. 16. Independent Contractor: A. Nothing contained in this Agreement is intended to or shall be construed in any manner as creating or establishing the relationship of employer/employee between the parties. FCC shall at all times remain an independent contractor with respect to the services to be provided under this Agreement. M