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required pursuant to Section VIII hereof. C. The obligations described in this Section IX will not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity that would otherwise exist as to any Indemnitee. D. In all Claims against one or more Indemnitees by any employee of Operator, anyone directly or indirectly employed by Operator, or anyone for whose acts Operator may be liable, the indemnification obligation under this Section VIII will not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Operator under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. X ADDITIONAL TERMS AND CONDITIONS A. Laws, Rules, and Regulations. 1. Operator shall be licensed by the State of California and shall hold any and all other licenses or certifications required by state or local law or regulation. 2. Operator shall secure and pay for all permits and licenses required in the performance of Contractor's services. 3. Operator represents and covenants that neither it nor its employees and agents have offered or will offer, directly or indirectly, any illegal bribe, kickback, or other improper or illegal payment to any person. 4. Owner shall use its reasonable best efforts to advise Operator of all safety and health -related requirements and procedures concerning the Parking Facility and/or Project known to Owner, in writing, at the time of entering into this Agreement and periodically, as necessary, to assure that Operator is aware of any such hazardous conditions. However, Owner's failure to so advise Operator shall not lessen or excuse Operator's obligation to use due care and caution in the performance of Operator's Work. B. Independent Contractor. Operator will at all times be solely responsible for all means, methods, techniques, sequences, and procedures of the Services. Operator acknowledges and agrees that none of its agents, employees, or subcontractors will be, or be deemed to be, the agent, employee, or subcontractor of Owner for any purpose whatsoever, and that there is no intention to create an employer - employee relationship for any purpose whatsoever by this Agreement. Operator agrees that the Owner will have no duty, liability, or responsibility of any kind to orforthe acts or omissions of Operator's agents, employees, or subcontractors. No employee of Operator will be entitled to any benefits of an employee of Owner, including without limitation the right to participate in any insurance, retirement, or other benefit plans of Owner. C. Harmony Clause. 1. Right to Award Contracts. It is understood and agreed that Owner may award contracts and employ labor without discrimination as to whethertheir contractors, their contractors' employees, or Owner's Page 13