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8. INDEPENDENT CONTRACTOR <br /> The City's relationship to the Contractor under this Agreement shall be that of an independent <br /> contractor. The Contractor acknowledges that neither it nor its personnel shall be acting as an <br /> 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, except for those caused by <br /> intentional misconduct.This indemnification shall survive the termination of this Agreement and apply <br /> to the fullest extent of the law. In the event that any provision hereof is determined to be <br /> unenforceable, the indemnification obligations shall be severable and the fullest extent of <br /> indemnification that may lawfully apply shall remain in full force and effect.This indemnification shall <br /> not be limited in any way by limitations on the amount or type of damages,compensation,or benefits <br /> payable or for the Contractor under Workers' Compensation Acts, disability benefit acts, or other <br /> employee benefit acts,and serves as an express agreement to waive protection of Kotecki v. Cyclops <br /> Welding Corp, 146111.2d 155(1991). Notwithstanding anything foregoing to the contrary,the Parties <br /> shall not indemnify each other for any liabilities,damages,costs,or expenses resulting from the other <br /> party's own willful misconduct or negligence.The City does not waive its defenses or immunities under <br /> the Local Government and Governmental Employees Tort Immunity Act,745 ILCS 10/1 et seq.,or other <br /> such immunity statute or common law, by reason of indemnification or insurance. <br /> 10. INSURANCE,LICENSURE,AND INTELLECTUAL PROPERTY <br /> The Contractor, prior to the execution of the contract, shall obtain and keep in force during the <br /> performance of work under any contract,the following insurance coverages, provided by companies <br /> 3 <br />