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