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X. TERMS AND CONDITIONS <br /> A. The City of Hugo reserves the right to cancel or amend the request for proposals at <br /> anytime. The City of Hugo reserves the right to determine the successful respondent. <br /> The City of Hugo reserves the right to reject any or all proposals. <br /> B. The City of Hugo will not be liable for any costs incurred by the firm responding to <br /> this request. <br /> C. A contract will be executed between the successful respondent and the City of Hugo. <br /> It is anticipated that the successful firm's proposal and the specifications of this <br /> request, including the Terms and Conditions set forth herein,will be incorporated <br /> in the contract. <br /> D. The firm shall not assign any interest in this contract and shall not transfer any <br /> interest in the same without the prior written consent of the City of Hugo. <br /> E. For the purposes of this agreement, the consultant shall be deemed to be an <br /> independent contractor, and not an employee of the organization. Any and all <br /> agents, servants, or employees of the firm or other persons,while engaged in <br /> the performance of any work or services required to be performed by the City of <br /> Hugo under this agreement, shall not be considered employees of the City of <br /> Hugo and any and all actions which arise as a consequence of any act or omission <br /> of the firm, its agents, servants, employees or other persons shall in no way be <br /> the obligation or responsibility of the City of Hugo. The consultant, its agents, <br /> servants, or employees shall be entitled to none of the rights,privileges, or benefits <br /> of organization employees except as otherwise my be stated herein. <br /> F. The developer further agrees to comply with all federal, state and local laws <br /> or ordinances, and all applicable rules, regulation, and standards established <br /> by any agency of such governmental units, which are now or hereafter <br /> promulgated insofar as they relate to the firm's performance of the provisions of <br /> this agreement. <br /> G. If, for any reason, the firm shall fail to fulfill in timely and proper manner the <br /> obligations under the contract, the City of Hugo shall reserve the right to terminate <br /> the contract by specifying the date of termination in a written notice to the firm at least <br /> thirty (30) calendar days before the termination date. <br /> H. No official or employee of the City of Hugo who exercises any responsibilities in <br /> the review, approval or carrying out of the contract shall participate in any decision <br /> which affects his or her direct or indirect personal or financial interest. <br />