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Trainer may receive payment as reimbursement for Eligible Expenses actually incurred. "Eligible <br /> Expenses" means those types and amounts of expenses approved for reimbursement by the City. If <br /> approval for reimbursement is not obtained from the City prior to the Trainer's incurring the expense, <br /> Trainer acknowledges that the City retains the option not to reimburse the Trainer. If, and to the extent, <br /> overnight lodging in western Washington is authorized,Trainer is strongly encouraged to lodge within the <br /> corporate limits of City. When authorized, Trainer will be reimbursed 100% of lodging expense, if <br /> lodged within the corporate limits of the City, but Trainer will be reimbursed 50% of lodging expense <br /> when lodged outside the corporate limits of the City. If authorized,the City may(at its sole option)obtain <br /> or arrange air travel for the Trainer. Eligible expenses shall not exceed$0.00. <br /> Total compensation, including all services and expenses, shall not exceed a maximum of$3,100.00. The <br /> City may, in addition to any other remedy, withhold from any payment otherwise due an amount that the <br /> City in good faith believes is equal to the cost to the City of correcting, re-procuring, or remedying any <br /> damage caused by Trainer's conduct. <br /> Termination of Contract. City reserves the right to terminate this Agreement at any time by sending <br /> written notice of termination to Trainer("Notice"). Termination shall be effective upon Trainer's receipt <br /> of the Notice or at such other time specified in the Notice. Unless terminated for Trainer's material <br /> breach, the Trainer shall be paid or reimbursed for all services performed and Eligible Expenses incurred <br /> up to the Notice Date, less all payments previously made. Notice may be given by mail, electronic mail, <br /> fax, or personal delivery. The City does not by this section waive, release or forego any legal remedy for <br /> any violation, breach or non-performance of any of the provision of this Agreement. City shall not pay <br /> for any services or expenses incurred after the effective date of termination, unless authorized in writing <br /> by the City. <br /> Changes. The City may unilaterally reduce the scope of the services of the Trainer, which reduction in <br /> scope will also reduce the compensation. Trainer may terminate this Agreement if the reduction in scope <br /> is unacceptable to the Trainer. <br /> Subletting/Assignment of Contracts. Trainer shall not sublet or assign any of the Work without the <br /> express, prior written consent of the City. <br /> Indemnification. Except as otherwise provided in this paragraph, the Trainer hereby agrees to defend <br /> and indemnify the City from any and all Claims arising out of, in connection with, or incident to any acts, <br /> errors, omissions, or conduct by Trainer (or its employees, agents, representatives, subTrainers, or <br /> subconsultants) relating to this Agreement. Solely and expressly for the purpose of its duties to <br /> indemnify and defend the City, the Trainer specifically waives any immunity it may have under the State <br /> Industrial Insurance Law,Title 51 RCW. The Trainer recognizes that this waiver of immunity under Title <br /> 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of <br /> mutual negotiation. <br /> Insurance. Trainer shall procure and keep in force during the term of this Agreement, at its own cost <br /> and expense, automobile liability insurance on all vehicles used by Trainer in the performance of its <br /> duties under this Agreement. Proof of such insurance shall be provided to the City prior to performing <br /> any services hereunder. A statement certifying that no vehicle will be used in fulfilling this Agreement <br /> may be substituted for this insurance requirement. <br /> Independent Contractor. This Agreement shall not constitute nor create an employer-employee <br /> relationship, and because the Trainer is an independent Trainer, Trainer shall be responsible for all <br /> obligations relating to federal income tax, self-employment FICA taxes and contributions,and all other so <br /> called employer taxes and contributions, including, but not limited to, industrial insurance (Workmen's <br /> Page 2 <br />