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2.4. In consideration of the services rendered by the Contractor, the City shall pay to the contractor the
<br />sum of $141,702.00 payable in 12 installments of $11,808.50 beginning the last day of August, 2016
<br />and ending to the last day of July, 2017. Nothing in this agreement shall preclude the parties from
<br />negotiating to extend this contract for a period of four years.
<br />3.0.Independent Contractor Status.
<br />3.1. The Parties intend that the Contractor and any Contractor Personnel be engaged as independent
<br />contractors of City. Nothing contained in this Agreement will be construed to create the relationship of
<br />employer and employee, principal and agent, partnership or joint venture, or any other fiduciary
<br />relationship.
<br />3.2. The Contractor may not act as agent for, or on behalf of, the City, or to represent the City, or bind
<br />the City in any manner.
<br />3.3. The Contractor will not be entitled to worker's compensation, retirement, insurance or other benefits
<br />afforded to employees of the City.
<br />4.0. Representations. Both Parties represent that they are fully authorized and empowered to enter into
<br />this Agreement, and that the performance of the obligations under this Agreement will not violate or
<br />infringe upon the rights of any third -party, or violate any agreement between the Parties and any other
<br />person, firm or organization or any law or governmental regulation.
<br />5.0. Indemnification. The Contractor shall indemnify and hold harmless the City, its attiliates, and its
<br />respective officers, directors, agents and employees from any and all claims, demands, losses, causes of
<br />action, damage, lawsuits, judgments, including attorneys' fees and costs, arising out of, or relating to,
<br />the Contractor's services under this Agreement.
<br />6.0. Liability. EXCEPT WITH RESPECT TO THE PARTIES' INDEMNIFICATION OBLIGATIONS,
<br />NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT,
<br />INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED
<br />TO THIS AGREEMENT, INCLUDING BODILY INJURY, DEATH, LOSS OF REVENUE, OR
<br />PROFITS OR OTHER BENEFITS, AND CLAIMS BY ANY THIRD PARTY, EVEN IF THE
<br />PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
<br />FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE,
<br />INCLUDING WITHOOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF
<br />WARRANTY, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS.
<br />7.0. Disclaimer of Warranty. THE WARRA\TIES CONTAINED HEREIN ARE THE ONLY
<br />WARRANTIES MADE BY THE PARTIES HEREUNDER. EACH PARTY MAKES NO OTHER
<br />WARRANTY, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES AND
<br />DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND,
<br />INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
<br />PURPOSE, TITLE, AND NON -INFRINGEMENT. THE COMPANY DOES NOT PROVIDE ANY
<br />WARRANTY THAT OPERATION OF ANY SERVICES HEREUNDER WILL BE
<br />UNINTERRUPTED OR ERROR -FREE.
<br />8.0 Miscellaneous Provisions.
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