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1 12. INDEPENDENT CONTRACTOR STATUS <br />2 This AGREEMENT is by and between COUNTY and CITY and is not intended and <br />3 shall not be construed so as to create the relationship of agent, servant, employee, partnership, <br />4 joint venture or association, as between COUNTY and CITY. <br />5 <br />6 13. INDEMNIFICATION <br />7 CITY agrees to indemnify, defend and save harmless COUNTY, its agents, officers and <br />8 employees from and against any and all liability, expense, including defense costs and legal fees, <br />9 and claims for damages of any nature whatsoever, including, but not limited to bodily injury, <br />10 death, personal injury or property damage arising from or connected with CITY's construction, <br />11 operation, or its services provided hereunder, including without limitation, any workers' <br />12 compensation suits, liability, or expense arising from or connected with services performed on <br />13 behalf of CITY by any person pursuant to this AGREEMENT. <br />14 <br />15 14. ASSIGNMENT <br />16 Any transfer of assignment of CITY interest in PROJECT, or any part or portion <br />17 thereof, shall first be approved in writing by COUNTY. Failure to obtain COUNTY's required <br />18 written approval of any proposed transfer or assignment will render this AGREEMENT <br />19 terminated, as specified in Paragraph 10.b. above. <br />20 <br />21 15. TERM OF AGREEMENT <br />22 The term of this AGREEMENT shall commence upon execution by COUNTY's Board <br />23 of Supervisors and shall terminate on February 28, 1994 or on an earlier date subject to the <br />24 performance requirements specified herein, or in accordance with the termination provisions of <br />25 this AGREEMENT described in Paragraph 10 above, provided, however, that CITY's obligations <br />26 under Paragraph 5 above, shall remain in effect and be enforceable by COUNTY unless all funds <br />27 paid by COUNTY hereunder to CITY have been refunded to COUNTY. <br />28 —7— <br />