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K. The DB agrees that the Work will be of good quality, free of defects and will <br />conform with the requirements of the Contract Documents. Work not conforming to the <br />requirements of the Contract Documents, including substitutions in design or <br />construction more of equipment not specifically approved or authorized by the City in <br />advance, may be considered defective. <br />L. The DB agrees to correct and otherwise address any error(s), omission(s), or <br />deficiencies in the Contract Documents at no additional cost to City. Provided, however, <br />this provision in no way limits the liability of the DB. <br />M. The DB hereby agrees to take direction from representatives, employees and/or <br />agents of the City and shall cooperate with the Criteria Engineer, the Authorized <br />Representative and all other persons involved in the Project. <br />N. The DB shall only execute subcontracts /supply contracts (subcontracts) in the <br />form approved by the City, a copy of which is attached hereto as Attachment A. The DB <br />acknowledges and understands that such subcontracts with its subcontractors and <br />suppliers shall irrevocably contain the provision providing for the right of assignment to <br />the City in the event of default by the DB and that, in the event of default on the part of <br />the DB, the DB shall take any and all steps and measures to assure full and <br />unencumbered assignment of the individual subcontracts which the City elects to have <br />assigned to it, which election as to assignment shall be in the exclusive and sole <br />discretion of the City. Further, the DB acknowledges and agrees that, in the event of <br />assignment, the City shall not assume such outstanding obligations and duties of the DB, <br />including but not limited the obligation to-pay the DB's subcontractors and/or <br />subcontractors any amounts claimed and /or assume such of the DB's obligations which <br />preceded the date of assignment of such subcontracts. <br />ARTICLE XVII. NON - ASSIGNMENT <br />DB shall not be entitled to assign any of its rights and interests under this Contract. <br />Nothing herein, however, shall limit the right of the DB to engage the services of City- acceptable <br />subcontractors and providers of other services and labor, including design services, subject to the <br />provisions of the Contract Documents. Provided, however, the City retains the right to require <br />the DB to terminate its contractual relationships with identified Subcontractors /Suppliers in <br />accordance with the provisions of the General Conditions. <br />ARTICLE XVIIL OTHER CONDITIONS AND TERMS <br />A. The parties for themselves, their representatives, agents, heirs, executors, <br />administrators, successors and assigns do hereby agree to the full performance of the <br />covenants herein contained. <br />201Page <br />