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INDEPENDENT CONTRACTOR: Contractor is being employed in <br /> the capacity of an independent contractor. <br /> <br /> INDEMNITY: Contractor agrees to indemnify and hold <br />harmless the City of Pleasanton, its officers, agents, and <br />employees from any and all claims and losses occurring or <br />resulting from performance of this Agreement, and from any <br />and all claims and losses occurring or resulting to any <br />person, firm or corporation that may be injured or damaged by <br />the Contractor in the performance of this Agreement. <br /> <br /> INSURANCE: Contractor shall provide a certificate of <br />insurance subject to the review and approval of the City <br />Attorney. <br /> <br /> ALTERATION OF AGREEMENT: No alteration or variation of <br />the terms of the Agreement shall be valid unless made in <br />writing and signed by the City and the Contractor, and no <br />oral understanding or agreement not incorporated in this <br />Agreement shall be binding on either party. <br /> <br /> TERMINATION: The City may terminate this Agreement <br />should Contractor fail to substantially perform the covenants <br />herein contained or upon thirty (30) days written notice. <br />Contractor shall be compensated for services performed to the <br />termination date. Contractor may terminate this Agreement <br />upon thirty (30) days written notice. Contractor shall be <br />compensated for the period during which this Agreement was in <br />effect as a pro rata share of the total fee provided for in <br />this Agreement. <br /> <br /> <br />