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employee or official representative of the City.The City shall have no liability for Contractor's selection
<br /> of personnel,employees,or subcontractors.
<br /> The City's compensation to Contractor shall be limited to that as set forth in this Agreement and the
<br /> City shall not reimburse any expenses, provide any benefits, withhold any employment taxes or
<br /> otherwise have a financial relationship with Contractor other than payment of the stated
<br /> compensation.The Contractor shall be solely responsible for withholding of taxes,providing employee
<br /> benefits,or otherwise complying with applicable laws relating to its employees or contractors.
<br /> 9. INDEMNIFICATION
<br /> The Contractor shall be responsible for any and all damages to property or persons to the extent
<br /> caused by the Contractor's negligent act, errors and/or omissions in the performance of this contract
<br /> and shall indemnify and hold harmless the City, its officers, and employees from all actions, claims, or
<br /> damages resulting therefrom.The Contractor shall assume all restitution and repair costs arising out
<br /> of its negligent act,error,and/or omission.
<br /> The Contractor agrees to indemnify and hold harmless the City and its elected or appointed officials,
<br /> employees, agents, and officers against any claims made by employees of the Contractor or any of
<br /> their subcontractors, as well as all other persons, arising out of, related to, or resulting directly from
<br /> this Agreement to the extent such losses,damages,injuries,and liabilities are caused by negligence of
<br /> the Contractor. This Agreement shall apply to any and all such damages. This indemnification shall
<br /> survive the termination of this Agreement and apply to the fullest extent of the law. In the event that
<br /> any provision hereof is determined to be unenforceable, the indemnification obligations shall be
<br /> severable and the fullest extent of indemnification that may lawfully apply shall remain in full force
<br /> and effect.This indemnification shall not be limited in any way by limitations on the amount or type
<br /> of damages, compensation, or benefits payable or for the Contractor under Workers' Compensation
<br /> Acts, disability benefit acts, or other employee benefit acts, and serves as an express agreement to
<br /> waive protection of Kotecki v. Cyclops Welding Corp, 146111.2d 155(1991). Notwithstanding anything
<br /> foregoing to the contrary,the Parties shall not indemnify each other for any liabilities,damages,costs,
<br /> or expenses resulting from the other party's own willful misconduct or negligence.The City does not
<br /> waive its defenses or immunities under the Local Government and Governmental Employees Tort
<br /> Immunity Act, 745 ILCS 10/1 et seq., or other such immunity statute or common law, by reason of
<br /> indemnification or insurance.
<br /> Limitation of Liability - Notwithstanding any provision to the contrary contained in this Agreement,
<br /> Contractor's total liability to City for any and all injuries, claims, losses, expenses or damage
<br /> whatsoever from any cause or causes, including but not limited to Contractor's negligence, errors,
<br /> omissions,strict liability or breach of contract,or breach of warranty,shall not exceed the total amount
<br /> of$1,000,000 or the fee whichever is greater.
<br /> Mutual Waiver of Consequential Damages-Notwithstanding any other provision of this Agreement to
<br /> the contrary,neither party including their officers agents,servants and employee shall be liable to the
<br /> other for lost profits or any special, indirect, incidental, or consequential damages in any way arising
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