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I~D!~P~ND~!~CONTI~C'~OR <br /> <br />Contractor shall perform the services hereunder as an <br />independent contractor and shall furnish such services in his <br />own manner and method, and under no circumstances or <br />conditions shall any agent, servant, or employee of <br />Contractor be considered as an ~ployee of City. <br /> <br />This Agreement is not assignable either in whole or in part <br />by Contractor without the written consent of City. <br /> <br />In the event a legal action is co~enced to enforce any of <br />the provisions of this Agreement, the prevailing party shall <br />be entitled to recover its costs and reasonable attorney~s <br />fees. <br /> ~~I~ ~W <br /> <br />This Agreement shall be governed by the laws of the State of <br />California <br /> I~IFI~TION <br /> <br />Contractor hereby agrees to, and shall hold City, its <br />elective and appointive boards officers, agents and <br />employees, harmless from any liability for d~age or claims <br />for damage for personal injury, including death, as well as <br />from claims for breach of confidentiality or property damage <br />which may arise from Contractor~s negligent acts, errors or <br />omissions under this Agreement. Contractor agrees to and <br />shall defend City and its elective and appointive boards, <br />officers, agents and employees from any suits or actions at <br />law or in equity for da~ges caused, or alleged to have been <br />caused, by reason of any of the aforesaid negligent acts, <br />errors or omissions. <br /> <br />City hereby agrees to, and shall hold Contractor, its <br />officers, agents and employees, hapless from any liability <br />for damage or claims for damage for personal injury, <br />including death, as well as from claims for breach of <br />confidentiality or property damage which may arise from <br />City's negligent acts, errors or omissions under this <br />Agreement. City agrees to and shall defend Contractor and its <br />officers, agents and employees from any suits or actions at <br />law or in equity for damages caused, or alleged to have been <br />caused, by reason of any of the aforesaid negligent acts, <br />errors or omissions. <br /> <br /> -7- <br /> <br /> <br />