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<br /> defend and hold the City harmless from any claims, valid or otherwise, made to the
<br /> City, because of these obligations.
<br /> B. Any and all employees of the Contractor while engaged in the performance of any
<br /> Work, shall be considered employees of the Contractor only and not of the City, and
<br /> any and all claims that may or might arise under the Worker's Compensation Act on
<br /> behalf of said employees or Contractor, while so engaged in any and all claims made
<br /> by a third party as a consequence of any negligent act or omission on the part of the
<br /> Contractor's employees, while so engaged on any of the Work, shall be the sole
<br /> obligation and responsibility of the Contractor.
<br /> C. Contractor 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
<br /> thereunder insofar as applicable to its employees and shall at all times save the City
<br /> free, clear and harmless from all actions claims, demands and expenses arising out of
<br /> said act, and rules and regulations that are or may be promulgated in connection
<br /> therewith.
<br /> D. Contractor 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),
<br /> fees, licenses, excises or payments required by any city, federal or state legislation
<br /> which are now or may during the term of the Agreement be enacted as to all persons
<br /> employed by the Contractor and as to all duties, activities and requirements by the
<br /> Contractor in performance of the Work and Contractor shall assume exclusive
<br /> liability therefore, and meet all requirements thereunder pursuant to any rules or
<br /> regulations that are now or may be promulgated in connection therewith.
<br /> 11. Employment. The Contractor warrants that it had not employed or retained any
<br /> company or person, other than a bona fide employee working solely for the Contractor,to
<br /> solicit or secure this Agreement and that it has not paid or agreed to pay any company or
<br /> person, other than a bona fide employee working solely for the Contractor, any fee,
<br /> commission,percentage,brokerage fee, gifts, or any other consideration, contingent upon
<br /> or resulting from the award or making of this Agreement. For breach or violation of this
<br /> warranty, the City shall have the right to annul this Agreement without liability or, in its
<br /> discretion, to deduct from the Agreement price or consideration or otherwise recover,the
<br /> full amount of such fee, commission,percentage,brokerage fee, gift, or contingent fee.
<br /> 12. City of Everett Business License. Contractor shall obtain a City of Everett business
<br /> license prior to performing any work pursuant to this Agreement.
<br /> 13. Audits and Inspections. At any time during normal business hours and as often as the
<br /> City may deem necessary, the.Contractor shall make available to the city for the City's
<br /> examination all of the Contractor's records and documents with respect to all matters
<br /> covered by this Agreement and, furthermore,the Contractor will permit the City to audit,
<br /> examine and make copies, excerpts or transcripts from such records, and to make audits
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