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V. INDEPENDENT CONTRACTOR.
<br />All Services provided pursuant to this Agreement shall be provided by Contractor as an
<br />independent contractor and not as an employee of the City for any purpose. Any and all officers,
<br />employees, subcontractors, and agents of Contractor, or any other person engaged by Contractor
<br />in the performance of the Services pursuant to this Agreement, shall not be considered employees
<br />of the City. Any and all actions which arise as a consequence of any act or omission on the part of
<br />Contractor, its employees, subcontractors, or agents, or other persons engaged by Contractor in the
<br />performance of Services pursuant to this Agreement, shall not be the obligation or responsibility
<br />of the City. Contractor, its employees, subcontractors, or agents shall not be entitled to any of the
<br />rights, privileges, or benefits of the CityÓs employees, except as otherwise stated in this Agreement.
<br />VI. INDEMNIFICATION.
<br />Contractor, and subcontractors of Contractor, shall indemnify, defend, and hold harmless
<br />the City and its officials, employees, contractors and agents from claims, losses, liabilities, and
<br />expenses (including reasonable attorneysÓ fees and expenses of litigation) caused by any negligent
<br />act or omission by Contractor, engaged by Contractor in the performance of the Services pursuant
<br />to this Agreement. Likewise, the City agrees that it will indemnify, defend, and hold harmless the
<br />Contractor, and its employees, subcontractors, and agents of Contractor against any and all claims,
<br />losses, liabilities, and expenses (including reasonable attorneysÓ fees and expenses of litigation),
<br />which the Contractor may hereafter sustain, incur, or be required to pay arising out of the actions
<br />of the City pursuant to this Agreement.
<br />VII. INSURANCE.
<br />Contractor agrees to maintain, at its expense, statutory workersÓ compensation insurance
<br />coverage. Contractor also agrees to maintain, at its expense, general liability insurance coverage
<br />insuring Contractor against claims for bodily injury, death, or property damage arising out of
<br />ContractorÓs general business activities (including automobile use). The liability insurance policy
<br />shall provide coverage for each occurrence in the minimum amount of $2,500,000. Upon request
<br />of the City, Contractor shall provide the City with certificates of insurance, showing evidence of
<br />the required coverage and listing the City as an additional insured.
<br />VIII. MISCELLANEOUS PROVISIONS.
<br />A. Entire Agreement.
<br />This Agreement shall constitute the entire agreement between the City and Contractor and
<br />supersedes any other written or oral agreements between the City and Contractor. This Agreement
<br />can only be modified in writing signed by the City and Contractor.
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