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G. INDEPENDENT CONTRACTOR STATUS. Nothing contained in this Agreement shall be <br /> construed to make the Professional Service Provider an employee or partner of the City. The <br /> Professional Service Provider shall at all times hereunder be construed to be an independent <br /> contractor. <br /> H. FEDERAL FUNDING. No Federal Funding in this Contact. <br /> I. AMENDMENT OF AGREEMENT. This Agreement shall be amended or supplemented only in <br /> writing and executed by both parties hereto. <br /> J. HOLD HARMLESS.Professional Service Provider shall indemnify and save harmless the City, its <br /> officers and employees against any and all claims for damages to property or injuries to or death of <br /> any person or persons,including property and employees or agents of the City and including <br /> reasonable attorney's fees incurred by the City or required in any way to be paid by the City,in <br /> defense thereof,and shall indemnify and save harmless the City from all claims,demands,suits, <br /> actions or proceedings including Worker's Compensation claims, of or by anyone whomsoever, <br /> proximately caused or proximately arising out of negligent acts or omissions to act by Professional <br /> Service Provider in connection with its performance of this contract,including operations of its <br /> subcontractors and negligent acts or omissions of employees or agents of the Professional Service <br /> Provider or its subcontractors. <br /> The City shall indemnify and save harmless the Professional Service Provider,its officers and <br /> employees against any and all claims for damages to property or injuries to or death of any person or <br /> persons,including property and employees or agents of the Professional Service Provider and <br /> including reasonable attorney's fees incurred by the Professional Service Provider or required in any <br /> way to be paid by the Professional Service Provider,in defense thereof,and shall indemnify and save <br /> harmless the Professional Service Provider from all claims,demands,suits,actions or proceedings <br /> including Worker's Compensation claims,of or by anyone whomsoever,proximately caused or <br /> proximately arising out of negligent acts or omissions to act by City in connection with its <br /> performance of this contract, including operations of its subcontractors and negligent acts or <br /> omissions of employees or agents of the City or its subcontractors. <br /> Insurance coverage specified in this Agreement constitutes the minimum requirements and said <br /> requirements shall not lessen or limit the liability of the Professional Service Provider under the terms <br /> of the Agreement. The Professional Service Provider shall procure and maintain at his own cost and <br /> expense,any additional kinds and amounts of insurance that,in the Professional Service Provider's <br /> own judgment,may be necessary for the Professional Service Provider's proper protection in the <br /> prosecution of the work.Neither Party shall be liable to the other Party for incidental,indirect, special <br /> or consequential damages. <br /> K. COPYRIGHT ASSIGNMENT.The Professional Service Provider assigns to the City any and all <br /> of Professional Service Provider's rights under copyright laws for work prepared by the Professional <br /> Service Provider,its employees, subcontractors or agents in connection with this Contract,including <br /> any and all rights to register said copyright,renewal rights,determination rights and import rights. <br /> The Professional Service Provider agrees to execute any additional documents the City may request <br /> to effectuate the assignment of said copyright. <br /> L. NO BID RIGGING, BID ROTATION. Not required under this Contract. <br /> M. NO DELINQUENT TAXES. The Professional Service Provider agrees that it is not delinquent in <br /> payment of any and all taxes in any State or any political subdivisions therein and shall so certify in <br /> the Affidavit of No Delinquent Taxes,attached and marked herein as Exhibit G,and incorporated <br /> herein by reference. <br /> 6 <br />