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DRAFT <br />contract are the property of the City of Pleasanton, with the <br />exception of child records and parent and provider files. <br />Resources for Family Development shall have full use of the <br />statistics and reports. <br /> <br />INDEPENDENT CONTRACTOR: Subcontractor is being employed in the <br />capacity of independent contractor. <br /> <br />INDEMNITY: Subcontractor agrees to indemnify and hold harmless <br />the City of Pleasanton, its officers, agents, and employees from <br />any and all claims and losses occurring or resulting from <br />performance of the subcontract, and from any and all claims and <br />losses occurring or resulting to any person, firm or corporation <br />that may be injured or damaged by the subcontractor in the <br />performance of the subcontract. <br /> <br />INSURANCE: Subcontractor shall provide a certificate of <br />insurance subject to the review and approval of the City <br />Attorney. <br /> <br />ALTERATION OF AGREEMENT: No alteration or variation of the terms <br />of the subcontract shall be valid unless made in writing and <br />signed by the City and the Subcontractor, and no oral <br />understanding or agreement not incorporated in this Agreement <br />shall be binding on either party. <br /> <br />TERMINATION: The City may terminate this Agreement should <br />Subcontractor fail to substantially perform the convenants herein <br />contained or upon 30 days written notice. Subcontractor shall be <br />compensated for services performed to the termination date. <br /> <br /> <br />