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contact CONTRACTOR's Authorized Representative and require that work be stopped until <br />the situation is rectified to the satisfaction of CITY's Authorized Representative. <br />The election of CITY not to exercise its rights under sub -paragraphs a through c above shall <br />impose no liability on CITY, nor shall it relieve CONTRACTOR of any of its duties or <br />obligations under the terms of this Agreement. Additionally, the election of CITY to <br />exercise its rights under subparagraph a through c above shall impose no liability on CITY, <br />nor shall it relieve CONTRACTOR of any of its duties or obligations under the terms of this <br />Agreement, provided that CITY acted in good faith in the exercise of such rights. <br />The CONTRACTOR shall dispose of all materials used in conjunction with the performance <br />of this Agreement in strict compliance with all local, state and federal environmental and/or <br />waste management rules, regulations, laws, statutes and practices. <br />11. NO THIRD -PARTY RIGHTS <br />The parties intend not to create rights in, or to <br />grant remedies to, any third party as a beneficiary of this Agreement or of any duty, <br />covenant, obligation or undertaking established herein. <br />If any provision of this Agreement shall be held <br />invalid, such invalidity shall not affect the other provisions <br />12. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be <br />construed to create an employer-employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the professional manner in which <br />Contractor performs the services which are the subject matter of this Agreement; however, <br />the services to be provided by Contractor shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Contractor shall pay all salaries <br />and wages, employer's social security taxes, unemployment insurance and similar taxes relating <br />to employees and shall be responsible for all applicable withholding taxes. <br />13. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Contractor shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />