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I 8.C.b I <br /> Notices shall be deemed received on date delivered if delivered by hand and on the <br /> delivery date indicated on receipt if delivered by certified or registered mail. <br /> 3.24 INDEPENDENT CONTRACTOR <br /> The services Contractor provides under the terms of this Contract to the City are that of <br /> 1/7 <br /> an Independent Contractor, not an employee, or agent of the City. The City will report tI <br /> ca <br /> the value paid for these services each year to the Internal Revenue Service (I.R.S.) using <br /> Form 1099. o <br /> U <br /> N <br /> d <br /> City shall not withhold income tax as a deduction from contractual payments. As a 0 <br /> result of this, Contractor may be subject to I.R.S. provisions for payment of estimated w <br /> cn <br /> income tax. Contractor is responsible for consulting the local I.R.S. office for current c <br /> information on estimated tax requirements. g <br /> to <br /> to <br /> 01 <br /> 3.25 INDEMNIFICATION w° <br /> a <br /> To the fullest extent permitted by law, the Consultant, its successors, assigns and ci <br /> guarantors, shall indemnify and hold harmless City of Buckeye, its agents, p <br /> representatives, officers, directors, officials and employees for, from and against all o <br /> damages, losses, expenses, including but not limited to, attorney fees, court costs, and <br /> o <br /> the cost of appellate proceedings, to the extent caused by or resulting from any co <br /> negligent act or omission of Consultant in work or services performed under thisin <br /> Contract, including but not limited to, the negligent acts or omissions of any r <br /> Subcontractor or anyone directly or indirectly employed by any Subcontractor for <br /> whose acts Subcontractor may be liable including any injury or damages claimed by any c <br /> of Consultant's and Subcontractor's employees. o <br /> U <br /> N <br /> Any settlement of claims shall fully release and discharge the indemnified parties from <br /> any further liability for those claims. The release and discharge shall be in writing and 0 <br /> shall be subject to approval by the City, which approval shall not be unreasonably d <br /> withheld or delayed. 3 <br /> 0 <br /> It is agreed that the Consultant's indemnity obligations under this agreement are cc <br /> triggered only if Consultant has notice of the allegations, demands, proceedings, suits, a <br /> actions, claims, damages, losses or expenses contemplated above. s <br /> 0 <br /> 11 <br /> r <br /> Insurance provisions set forth in this agreement are separate and independent from the Q <br /> indemnity provisions of this paragraph and shall not be construed in any way to limit the <br /> scope and magnitude of the indemnity provisions. The indemnity provisions of this <br /> paragraph shall not be construed in any way to limit the scope and magnitude and <br /> applicability of the insurance provisions. <br /> On-Call SCADA Improvements 9 <br /> Rottweiler Controls,LLC <br /> Contract No:31700019 <br /> Packet Pg.70 I <br />