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in the seven paragraphs Oelow :he term l'Co~ract~r" means the same as <br />"Grantee" . <br /> <br /> 1. The Contractor agrees to indemnify. defend and save harmless the State, its officers, agents <br />and employees from any and all claims and losses accruing or resulting m any and all contractors, <br />subcontractors, materialmen. laborers and any other person, firm or cornpotation furnishing or <br />supplying work. services, materials or supplies in connection with the performance of this contract, <br />and from any and all claims and losses accruing or resulting to any person, firm or corporation <br />who may be injured or ck~maged by the Contractor in the performance of this contract <br /> <br /> 2. The Contractor, and the agents and employees of Contractor, in the performance of this <br />agreement, shall act in an independent capacity and not as officers or employees or agents of <br />State of California. <br /> <br /> 3. The State may terminate this agreement and be relieved of the payment of any consideration <br />to Contntctor should Contractor fail to perform the covenants herein contained at the time and <br />in the manner herein provided. In the event of such termination the State may proceed with the <br />work in any manner deemed proper by the State. The cost to the State shall be deducted from <br />any sum due the Contractor under this agreement, and the balance, if any, shall be paid the <br />Contractor upon demand. <br /> <br /> 4. Without the written consent of the State, this agreement is not assignable by Contractor <br />either in whole or in part. <br /> <br />5. Time is the essence of this agreement. <br /> <br /> 6. No alteration or variation of the terms of this contr%et shall be valid unless made in writing <br />and signed bv the parties hereto, and no oral understanding 0r agreement not incorporated herein, <br />shall be binding on any of the parties hereto. <br /> <br /> 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for <br />all of Contractor's expenses incurred in the performance hereof. including travel and per diem, <br />unless otherwise expressly so provided. <br /> <br />2 Contract B-550~C <br /> <br /> <br />