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GENERAL PROVISIONS <br />PAGE 3 <br />9. Personnel. Consultant shall assign only competent personnel to perform <br />services pursuant to this Agreement. In the event that City, in its sole discretion, <br />at any time during the term of this Agreement, desires the removal of any person <br />or persons assigned by Consultant to perform services pursuant to this <br />Agreement, Consultant shall remove any such person immediately upon receiving <br />notice from City of the desire of City for the removal of such person or persons. <br />10. Standard of Performance. Consultant shall perform all services <br />required pursuant to this Agreement in the manner and according to the <br />standards observed by a competent practitioner of the profession in which <br />Consultant is engaged in the geographical area in which Consultant practices his <br />profession. All products of whatsoever nature which Consultant delivers to City <br />pursuant to this Agreement shall be prepared in a substantial, first class and <br />workmanlike manner and conform to the standards of quality normally observed <br />by a person practicing in Consultant's profession. <br />11. CityRepresentative. The City Manager or his designee is the <br />representative of the City and will administer this Agreement for the City. <br />12. Termination. This Agreement may terminate on ten (10) days written <br />notice by either party, or within such time as both parties may find necessary to <br />conclude the work currently under way and to summarize Consultant's findings <br />for City. <br />13. Indemnity and Hold Harmless. Consultant shall assume the defense of, <br />and indemnify and save harmless, the City, its officers, employees, and agents, <br />and each and every one of them, from and against all actions, damages, claims, <br />losses or expenses of every type and description to which they may be subjected <br />or put, by reason of, or resulting from, the performance of the work, provided that <br />such action, damage, claims, loss, or expense is attributable to bodily injury, <br />sickness, disease or death, or to injury to, or destruction of property, whether <br />upon or off the work, including the loss of use thereof, and is caused in whole or <br />in part by any negligent act or omission of the Consultant, and subcontractor, <br />anyone directly or indirectly employed by any of them or anyone for whose acts <br />any of them may be liable, whether or not it is caused in part by a party <br />indemnified hereunder. <br />