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27. Independent Contractors. The Contractor is declared to be <br />an independent contractor, and nothing in this Contract <br />shall be construed to create the relationship of employer <br />and employee between the City and the Contractor or its <br />agents, or make the Contractor, its agents, or employees, <br />subject to City Personnel Rules. <br />28. Entire Agreement. This Contract with Attachments A and B <br />incorporated herein by reference is the entire agreement <br />between the parties. No modification of this Contract <br />shall be valid or effective, unless made in writing and <br />signed by the parties hereto. <br />29. Termination. <br />A. The City shall have the right to terminate this <br />Contract if in the City's reasonable judgement there <br />has been a breach of any material provision thereof <br />by the Contractor, or if in the City's reasonable <br />judgement there is other good cause for termination. <br />Continuing breach or good cause shall not be deemed <br />waived because it was followed by prompted <br />termination. <br />B. Upon failure of the Contractor to fulfill any of the <br />provisions of this contract, the City shall be <br />authorized to hire such personnel and equipment, or <br />assign City employees and equipment, as may be <br />necessary to do such work, and the cost of such <br />expenses thereof may be charged and deducted from <br />any monies due the Contractor, collected from the <br />Contractor, of collected by recourse to the <br />Contractors financial guaranty. <br />C. Notwithstanding the foregoing paragraphs, the <br />Contractor shall not be in breach and the City will <br />have no right to terminate the agreement unless <br />Contractor fails to cure said breach or failure to <br />perform within thirty (30) days of receipt by the <br />Contractor of written notice from the City. The <br />breach or failure must be cured to the satisfaction of <br />the Director of Public Works. <br />17 <br />Page 89 <br />