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continue to have in place adequate safeguards ta assure that such information and records remain <br /> confidential. <br /> The Contrac�or acknowledges that in the course of performing services for the City, all <br /> information re�arding the processing and marketing of recyc(able material collected, analyzed, <br /> or produced for the City (but not the Contractor's methods, process, know-how, trade secrets or <br /> information regarding or applicable to the Contractor's processing and marketing of recyclable <br /> material generally) is the exclusive property o1' the City and may not be disseminated in any <br /> manner without prior written approva) from an authorized representative of the City. <br /> INDEPENDENT CONTRACTOR: Nothing in this contract shall be construed as creating or <br /> constituting the relationship of a partnership,joint venture, or other association of any kind or <br /> agent and principal relationship betrveen the parties hereto. Each party shall be deemed an <br /> independent contractor contracting for services and acting toward the mutual benefits cxpected to <br /> be derived here trom. No party shall have the authority to enter into an�� contract of create an <br /> obiigation or liability on behalf of; in the name of, or binding upon another party to this Contract. <br /> At all times and for all purposes, the Contractor is an independent Contractor and not an <br /> employee of the City. No statements shall be construed so as to find the Contractor an employee <br /> of the City. No employee of the C�ntractor shall be an employee of the City. <br /> CONTRACTOR DGBT: The City may cancel this agreement any time the contractor is in <br /> default on any debt owed to the City. <br /> PROPRIETARY MATERIALS: "I'he City acknowledges that in the course of performing <br /> services hereunder, the Contractor may use products, materials, or propriety methodologies. The <br /> City shall have no rights in such propriety products, materials, and methodologies except <br /> pursuant to a separate written agreement executed by the parties. <br /> INDEMNITY: The Contractor shall indemnify, defend, save, and hold harmless the City, <br /> individually and collectively, its officers and employees from any and all liability, losses, costs, <br /> expenses, demands, taxes, claims, damages, lawsuits, proceedings, or causes oF action including <br /> workers' compensation claims, of any kind or nature, includin� reasonable attorneys' fees and <br /> costs of defense, that the City may suffer, incur, sustain, or become liable for, on account of any <br /> injury to or death of its employees, or injury or death to any other person, or damage to or injury <br /> to real estate, or personal property, in any way resulting f�om, arising out of, in conncction with, <br /> or pursuant to this contract, caused by the operations of the Contractar, its agents, retailers, <br /> employees, or any sub-Contractors in perforrnance of the services to be conducted including <br /> 8 <br />