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10.6. Neither the Contractor nor any of its officers or employees will receive <br />benefits of any type from the City. <br />10.7. Contractor represents that it is engaged in providing similar services to <br />other clients and/or the general public and is not required to work exclusively <br />for the City. <br />10.8. All Services are to be performed solely at the risk of Contractor and Contractor <br />shall take all precautions necessary for the proper and sole performance <br />thereof. <br />10.9. Contractor will not combine its business operations in any way with the City's <br />business operations and each party shall maintain their operations as separate <br />and distinct. <br />.0 ASSIGNMENT <br />Contractor shall not assign or delegate this Agreement or any portion thereof, or any <br />monies due or to become due hereunder without the City's prior written consent. <br />.0 DEFAULT <br />Each and every term and condition hereof shall be deemed to be a material element of <br />this Agreement. In the event either party should fail or refuse to perform according to <br />the terms of this Agreement, such party may be declared in default. <br />.0 TERMINATION <br />This Agreement may be terminated by either party for material breach or default <br />of this Agreement by the other party not caused by any action or omission of the <br />other party by giving the other party written notice at least thirty (30) days in <br />advance of the termination date. Termination pursuant to this subsection shall <br />not prevent either party from exercising any other legal remedies which may be <br />available to it. <br />In addition to the foregoing, this Agreement may be terminated by the City for its <br />convenience and without cause of any nature by giving written notice at least <br />fifteen (15) days in advance of the termination date. In the event of such <br />termination, the Contractor will be paid for the reasonable value of the services <br />rendered to the date of termination, not to exceed a pro -rated daily rate, for the <br />services rendered to the date of termination, and upon such payment, all <br />obligations of the City to the Contractor under this Agreement will cease. <br />Termination pursuant to this subsection shall not prevent either party from <br />exercising any other legal remedies which may be available to it. <br />14.0 USE OF CITY -OWNED EQUIPMENT; WAIVER & RELEASE <br />6 <br />