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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 Vending Machine Operator is an independent contractor, Vending Machine Operator
<br /> shall be responsible for all obligations relating to federal income tax, self-employment FICA
<br /> taxes and contributions, and all other so called employer taxes and contributions, including, but
<br /> not limited to, industrial insurance (Workmen's Compensation). Vending Machine Operator
<br /> agrees to indemnify, defend and hold the City harmless from any claims,valid or otherwise,
<br /> made to the City, because of these obligations.
<br /> 7.2 Any and all employees of Vending Machine Operator, while engaged in the performance
<br /> of any Work, shall be considered employees of Vending Machine Operator only and not of the
<br /> City, and any and all claims that may or might arise under the Worker's Compensation Act on
<br /> behalf of said employees or Vending Machine Operator, while so engaged in any and all claims
<br /> made by a third party as a consequence of any negligent act or omission on the part of Vending
<br /> Machine Operator's employees, while so engaged on any of the Work, shall be the sole
<br /> obligation and responsibility of Vending Machine Operator.
<br /> 7.3 Vending Machine Operator shall comply with all applicable provisions of the Fair Labor
<br /> Standards Act and other legislation affecting its employees and the rules and regulations issued
<br /> thereunder insofar as applicable to its employees and shall at all times save the City free, clear
<br /> and harmless from all actions, claims, demands and expenses arising out of said act, and rules
<br /> and regulations that are or may be promulgated in connection therewith.
<br /> 7.4 Vending Machine Operator assumes full responsibility for the payment of all payroll
<br /> taxes, use, sales, income, or other form of taxes (such as state and, city business and occupation
<br /> taxes), fees, licenses, excises or payments required by any city, federal or state legislation which
<br /> are now or may during the term of the Agreement be enacted as to all persons employed by
<br /> Vending Machine Operator and as to all duties, activities and requirements by Vending Machine
<br /> Operator in performance of the Work and Vending Machine Operator shall assume exclusive
<br /> liability therefore, and meet all requirements thereunder pursuant to any rules or regulations that
<br /> are now or may be promulgated in connection therewith.
<br /> 8. EMPLOYMENT
<br /> Vending Machine Operator warrants that it had not employed or retained any company or
<br /> person, other than a bona fide employee working solely for Vending Machine Operator, to solicit
<br /> or secure this Agreement and that it has not paid or agreed to pay any company or person, other
<br /> than a bona fide employee working solely for Vending Machine Operator, any fee, commission,
<br /> percentage,brokerage fee, gifts, or any other consideration, contingent upon or resulting from
<br /> the award or making of this Agreement. For breach or violation of this warranty, the City shall
<br /> have the right to terminate this Agreement without liability or, in its discretion, to deduct from
<br /> the Agreement price or consideration or otherwise recover, the full amount of such fee,
<br /> commission, percentage, brokerage fee, gift, or contingent fee.
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