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<br /> J-b fr <br /> -8- <br /> correction of such deficiencies by the Foundation. Failure by <br /> Foundation to take action specified in the monitoring report may be <br /> cause for suspension or termination of this contract, as provided <br /> in Sections 17 and 18 of this contract. <br /> ~ - SECTION 10. INDEPENDENT CONTRACTORS <br /> ! <br /> It is expressly understood and agreed by the parties that the city <br /> and the Foundation are contracting with each other as independent <br /> contractors, and that the Foundation agrees to hold the city <br /> harmless and to indemnify the City from and against any and all <br /> claims, .' and causes of action of every kind and character <br /> demands, <br /> which may be asserted by any third party occurring or in any way <br /> incident to, arising out of, or in connection with the services to <br /> be performed by the Foundation under this contract. <br /> ~ <br /> SECTION 11. SUBCONTRACTS; PROCUREMENTS <br /> A. The Foundation may subcontract for performances described in <br /> this contract with the city's prior written approval. The <br /> Foundation expressly understands that in entering into such <br /> subcontracts, the City is in no way liable to the Foundation's <br /> subcontractor(s). The Foundation will provide the City with a copy <br /> of all subcontracts. <br /> B. This Section 11, and specifically the requirement that the <br /> Foundation obtain the City's prior written approval of a <br /> subcontractor's eligibility, shall not be construed as relieving <br /> the Foundation of the responsibility for ensuring tþat the <br /> performances rendered under all subcontracts comply with all of the <br /> terms of this contract, as if such performances were rendered by <br /> the Foundation. The City's approval under Section 11 does not <br /> constitute adoption, ratification, or acceptance of the <br /> Foundation's or subcontractor's performance hereunder. The City <br /> maintains the right to insist upon full compliance with the terms <br />