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venture, or other association of any kind or agent and principal relationship
<br /> between the parties hereto. Each party shall be deemed an independent
<br /> contractor contracting for services and acting toward the mutual benefits
<br /> expected to be derived here from.No party shall have the authority to enter
<br /> into any contract of create an obligation or liability on behalf of, in the name
<br /> of, or binding upon another party to this Contract. At all times and for all
<br /> purposes,the Contractor is an independent Contractor and not an employee of
<br /> the City.No statements shall be construed so as to find the Contractor an
<br /> employee of the City. No employee of the Contractor shall be an employee of
<br /> the City.
<br /> C. CONTRACTOR DEBT: The City may cancel this agreement any time the
<br /> contractor is in default on any debt owed to the City or for matters of
<br /> convenience.
<br /> D. PROPRIETARY MATERIALS: The City acknowledges that in the course
<br /> of performing services hereunder, the Contractor may use products,
<br /> materials, or propriety methodologies. The City shall have no rights in
<br /> such propriety products, materials, and methodologies except pursuant to a
<br /> separate written agreement executed by the parties.
<br /> E. INDEMNITY: The Contractor shall indemnify, defend, save, and hold
<br /> harmless the City, individually and collectively, its officers and employees
<br /> from any and all liability, losses, costs, expenses, demands, taxes, claims,
<br /> damages, lawsuits,proceedings, or causes of action including workers'
<br /> compensation claims, of any kind or nature, including reasonable attorneys'
<br /> fees and costs of defense, that the City may suffer, incur, sustain, or become
<br /> liable for, on account of any injury to or death of its employees, or injury or
<br /> death to any other person, or damage to or injury to real estate, or personal
<br /> property, in any way resulting from, arising out of, in connection with, or
<br /> pursuant to this contract, caused by the operations of the Contractor, its
<br /> agents, retailers, employees, or any sub-Contractors in performance of the
<br /> services to be conducted including ownership, maintenance,use, operation, or
<br /> control of any vehicle owned, operated, maintained, or controlled by the
<br /> Contractor.
<br /> The Contractor shall, at its own expense, appear, defend, and pay all
<br /> reasonable fees of attorneys and all costs and other expenses arising there
<br /> from or incurred in connection therewith; and if any judgments shall be
<br /> rendered against the City in any such action,the Contractor shall, at its own
<br /> expense, satisfy and discharge same.
<br /> The Contractor further agrees to indemnify and hold harmless the
<br /> City from all liability (including attorney's fees) for removal or
<br /> remedial actions under the Comprehensive Environmental Response,
<br /> Compensation and Liability Act of 1980 (also known as Superfund) or
<br /> comparable federal or state law incurred as the result of the disposal under the
<br /> agreement and contract after the date hereof of the City of Decatur's
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