1992-010-RES WHEREAS, the City Council of recognizes the importance of the Lamar of Education, Business and

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to hold ATCOG harmless and to indemnify ATCOG from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the services to be performed by Contractor under this contract. SECTION 11. SUBCONTRACTS A. Except for subcontracts to which the federal labor standards requirements apply, Contractor may subcontract for performances described in this contract without obtaining ATCOG's prior written approval. Contractor shall only subcontract for performances described in this contract to which the federal labor standards requirements apply after Contractor has submitted a Subcontractor Eligibility form, as specified by A TCOG, for each such proposed subcontract, and Contractor has obtained ATCOG's prior written approval, based on the information submitted, of Contractor's intent to enter into such proposed subcontract. Contractor, in subcontracting for any performances described in this contract, expressly understands that in entering into such subcontracts, ATCOG is in no way liable to Contractor's subcontractor(s) . B. In no event shall any provision of this Section 11, specifically the requirement that Contractor obtain A TCOG's prior written approval of a subcontractor's eligibility, be construed as relieving Contractor of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this contract, as if such performances rendered were rendered by Contractor. C. ATCOG's approval under Section 11 does not constitute adoption, ratification, or acceptance of Contractor's or subcontractor's performance hereunder. ATCOG maintains the right to insist upon Contractor's full compliance with the terms of this contract, and by the act of approval under Section 11, A TCOG does not waive any right of action which may exist or which may subsequently accrue to A TCOG under this contract. D. Contractor shall comply with all applicable federal, state and local laws, regulations, and ordinances for making procurement under this contract. E. ATCOG shall retain in the amount of five percent (5%) of each construction or rehabilitation subcontract entered into by Contractor until A TCOG determines that the Federal labor standards requirements applicable to each such subcontract have been satisfied. SECTION 12. CONFLICT OF INTEREST A. Contractor covenants that neither it nor any member of its governing body Page 6