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and save harmless the City from all claims, demands, suits, actions or proceedings including <br /> Worker's Compensation claims, of or by anyone whomsoever, proximately caused or <br /> proximately arising out of negligent acts or omissions to act in connectiori with this Agreement <br /> including operations of any subcontractors, employees or agents of Critchelow. <br /> SECTION 9. INDEPENDENT CONTRACTOR <br /> Critchelow acknowledges that it is acting as an independent contractor at all times and <br /> instances of this Agreement and not as an employee of City and will make no claim or assertion <br /> to the contrary in any forum or venue. Nothing contained in this Agreement shall be construed <br /> to make Critchelow an employee or partner of the City. <br /> SECTION 10. WARRANTIES <br /> City makes NO WARRANTIES as to the condition of the timber or the land the timber is <br /> on. Critchelow assumes all risk as to the condition of the property and trees on the property. <br /> SECTION 11. ASSIGNMENT <br /> This Agreement may not be assigned by Critchelow without written consent of City. <br /> SECTION 12. ENTIRE AGREEMENT <br /> This Agreement and the terms and conditions contained in the Agreement shall constitute <br /> the entire Agreement between the parties and any other understanding or representation of any <br /> kind shall not be binding upon either party. <br /> SECTION 13. AMENDMENTS <br /> Any modification of this Agreement shall be binding only if evidenced in writing signed <br /> by each Party. <br /> SECTION 14. SEVERABILITY <br /> Should any provision herein be deemed invalid or unenforceable, all other provisions <br /> shall remain in effect. <br />