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entitled "Pipeline Agreement" between Prudential and Southern <br /> Pacific Pipe Lines, Inc. <br /> <br /> 3. Amendment. This agreement may be amended by written <br /> consent of both parties to this agreement. <br /> <br /> 4. Hold Harmless. Prudential shall assume the defense and <br />indemnify and save the City, the Council, boards, commissions, <br />officers, employees, and agents, free and harmless from and <br />against any and all claims, suits, demands, liabilities, and <br />judgments for or by reason of any damage, loss, personal injury, <br />or death, caused by or arising out of Prudential or its agents' <br />acts or failure to act, in the completion of, arising out, or <br />resulting from the execution of this agreement. <br /> <br /> 5. Nontransferrable. Prudential shall not, voluntarily or <br />involuntarily, assign, hypothecate, encumber or transfer any <br />interest in this agreement, unless the City has provided written <br />approval. <br /> <br /> 6. Compliance. In the event City determines that Pruden- <br />tial is in default under this agreement, City shall (i) withhold <br />any further payments to Prudential and (ii) immediately notify <br />Prudential of such default. Prudential shall use due diligence <br />to ensure that all services performed by its contractor shall be <br />in accordance with the accepted industry standards and local, <br />state, and federal regulations. <br /> <br /> - 3 - <br /> <br /> <br />