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7. INDEPENDENT CONTRACTOR
<br /> 7.3 The parties do not intend to constitute nor create an employer-employee relationship, and
<br /> because Concessionaire is an independent contractor, Concessionaire shall be responsible for all
<br /> obligations relating to federal income tax, self-employment FICA taxes and contributions, and all
<br /> other so called employer taxes and contributions, including,but not limited to, industrial
<br /> insurance (Workmen's Compensation). Concessionaire agrees to indemnify, defend and hold the
<br /> City harmless from any claims,valid or otherwise, made to the City,because of these
<br /> obligations.
<br /> 7.2 Any and all employees of Concessionaire, while engaged in the performance of any
<br /> Work, shall be considered employees of Concessionaire only and not of the City, and any and all
<br /> claims that may or might arise under the Worker's Compensation Act on behalf of said
<br /> employees or Concessionaire,while so engaged in any and all claims made by a third party as a
<br /> consequence of any negligent act or omission on the part of Concessionaire's employees,while
<br /> so engaged on any of the Work, shall be the sole obligation and responsibility of Concessionaire.
<br /> 7.3 Concessionaire shall comply with all applicable provisions of the Fair Labor Standards
<br /> Act and other legislation affecting its employees and the rules and regulations issued thereunder
<br /> insofar as applicable to its employees and shall at all times save the City free, clear and harmless
<br /> from all actions, claims, demands and expenses arising out of said act, and rules and regulations
<br /> that are or may be promulgated in connection therewith.
<br /> 7.4 Concessionaire assumes full responsibility for the payment of all payroll taxes, use, sales,
<br /> income, or other form of taxes (such as state and, city business and occupation taxes), fees,
<br /> licenses, excises or payments required by any city, federal or state legislation which are now or
<br /> may during the term of the Agreement be enacted as to all persons employed by Concessionaire
<br /> and as to all duties, activities and requirements by Concessionaire in performance of the Work
<br /> and Concessionaire shall assume exclusive liability therefore, and meet all requirements
<br /> thereunder pursuant to any rules or regulations that are now or may be promulgated in
<br /> connection therewith.
<br /> 8. EMPLOYMENT
<br /> Concessionaire warrants that it had not employed or retained any company or person, other than
<br /> a bona fide employee working solely for Concessionaire, to solicit or secure this Agreement and
<br /> that it has not paid or agreed to pay any company or person, other than a bona fide employee
<br /> working solely for Concessionaire, any fee, commission,percentage,brokerage fee, gifts, or any
<br /> other consideration, contingent upon or resulting from the award or making of this Agreement.
<br /> For breach or violation of this warranty,the City shall have the right to terminate this Agreement
<br /> without liability or, in its discretion, to deduct from the Agreement price or consideration or
<br /> otherwise recover, the full amount of such fee, commission,percentage,brokerage fee, gift, or
<br /> contingent fee.
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