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1 <br /> <br /> 2 <br /> <br /> 3 <br /> <br /> 4 <br /> <br /> 5 <br /> 6 <br /> <br /> 7 <br /> <br /> 8 <br /> <br /> 9 <br /> <br />10 <br /> <br />11 <br /> <br />12 <br /> <br />13 <br /> <br />14 <br /> <br />15 <br /> <br />16 <br /> <br />17 <br /> <br />18 <br /> <br />19 <br /> <br />20 <br /> <br />2i <br /> <br />22 <br /> <br />23 <br /> <br />24 <br /> <br />25 <br /> <br />26 <br /> <br />27 <br /> <br />28 <br /> <br />29 <br /> <br />30 <br /> <br />31 <br /> <br />32 <br /> <br />33 <br /> <br />34 <br /> <br />35 <br /> <br />36 <br /> <br />37 <br /> <br />accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other <br />expedited delivery service. <br /> C. Each party shall notify the other party, in writing, within twenty-four (24) hours of becoming <br />aware of any occurrence of a serious nature which may expose either party to liability. Such occurrences <br />shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or damage to any <br />County property in possession of CITY. <br /> <br /> D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by <br />ADMINISTRATOR. <br /> <br /> IV. SEVERABILITY <br /> If a court of competent jurisdiction declares any provision of this Agreement or application thereof <br />to any person or circumstances to be invalid or if any provision of this Agreement contravenes any <br />Federal, State, or County statute, ordinance, or regulation, the remaining provisions of this Agreement or <br />the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain <br />in full force and effect, and to that extent the provisions of this Agreement are severable. <br /> <br /> V. STATUS OF THE PARTIES <br /> <br /> COUNTY shall at all times be deemed to be an independent contractor and shall be wholly <br />responsible for the manner in which it performs its duties under this Agreement. Nothing herein <br />contained shall be construed as creating the relationship of employer and employee, or principal and <br />agent, between CITY and COUNTY or any of their respective agents, subcontractors, or employees. <br />COUNTY assumes exclusively the responsibility for the acts of its employees. COUNTY and its <br />employees shall not be entitled to any rights and/or privileges of CITY employees, and shall not be <br />considered in any manner to be C1TY'S employees. Likewise, CITY assumes exclusively the <br />responsibility for the acts of its employees, and they shall not be considered in any manner to be <br />COUNTY'S employees. <br /> <br /> VI. TERM <br /> A'. The term of this Agreement shall commence and terminate as specified on Page 3 of this <br />Agreement, unless otherwise sooner terminated as provided in this Agreement; provided, however, <br />COUNTY shall be obligated to perform such duties as would normally extend beyond this term, <br />including but not limited to, obligations with respect to confidentiality, indemnification, audits, reporting <br />and accounting. <br /> B. The term of this Agreement shall be automatically extended for a 180-day period through <br />December 31, 2004, if a successor Agreement between the parties is not in force by July 1, 2004, and no <br />notice of non-renewal has been given by either CITY or COUNTY in accordance with the Term/nation <br />paragraph of this Agreement. <br /> <br /> 5 of 7 <br />X:\CONTR ACT MAINkSanta Aha City~03-04-HH.doc 07/25/03 SANXXKK04 <br /> <br /> <br />