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7 <br /> financial, and profit/loss statements as they are created or maintained by Theatre or its agents <br /> for its own management. <br /> VI. INDEPENDENT RELATIONSHIP <br /> A. This Agreement does not constitute or create an employer-employee <br /> relationship. Because Theatre is an independent entity, Theatre shall be responsible for all <br /> obligations relating to federal income tax, self-employment FICA taxes and contributions, <br /> and all other so-called employer taxes and contributions, including, but not limited to, <br /> industrial insurance (Workers' Compensation). Theatre agrees to pay any leasehold excise <br /> tax, if applicable, levied under Chapter 82.29A RCW together with any interest and penalties <br /> which may be assessed thereon. Theatre agrees to indemnify, defend and hold City harmless <br /> from any claims, valid or otherwise, made against City because of such obligations. <br /> B. Any employee of Theatre,while engaged in the performance of any work or <br /> service required by Theatre under this Agreement, is the employee of Theatre only and not of <br /> City,and any claim that may arise under the Workers' Compensation Act and any claim <br /> made by a third party as a consequence of any negligent act or omission on the part of <br /> Theatre's employees while engaged in any of the work or service required to be performed by <br /> this Agreement, shall be the sole obligation and responsibility of Theatre. <br /> C. Theatre shall comply with all applicable provisions of the Fair Labor <br /> Standards Act and other legislation affecting its employees and the rules and regulations <br /> issued thereunder insofar as applicable to its employees, and shall at all times save City free, <br /> clear and harmless from all actions, claims, demands and expenses arising under said Act, <br /> and such rules and regulations that are or may be promulgated in connection therewith. <br /> D. Theatre assumes full responsibility for the payment of all payroll taxes, use, <br /> sales,income, or other form of taxes (such as state and City business and occupation taxes), <br /> fees, licenses, excises or payments required by any City, federal or state legislation which are <br /> now or may during the term of this Agreement be enacted as to all persons employed by <br /> Theatre and as to all duties, activities and requirements by Theatre in performance of the <br /> work under this Agreement and Theatre shall assume exclusive liability therefor, and meet all <br /> requirements thereunder pursuant to any rules or regulations that are now or may be <br /> promulgated in connection therewith. <br /> VII. INSURANCE <br /> Theatre shall comply with the following conditions and procure and keep in force <br /> during the term of this Agreement, at Theatre's own cost and expense, the following policies <br /> of insurance with companies authorized to do business in the State of Washington,which are <br /> rated at least"A"or better and with a numerical rating of no less than 7 by A. M. Best <br /> Company, and which are acceptable to City: <br /> A. Workers' Compensation Insurance as required by Washington law and <br /> Employer's Liability Insurance with limits not less than $1,000,000 per occurrence. If City <br /> EVERETT/VILLAGE THEATRE AGREEMENT Page 6 of 10 <br />