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<br />. <br /> <br />. <br /> <br />(b) <br /> <br />Either party may terminate this Agreement by service of 120-day advance <br /> <br />written notice of termination on the other party. <br /> <br />4. <br /> <br />INSURANCE <br /> <br />Auditor shall provide City with an insurance policy evidencing that it carries <br /> <br />Errors and Omissions insurance and that such policy shaIl not be cancelled, nor the <br /> <br />coverage reduced except upon thirty (30) days written notice to the City. <br /> <br />5. <br /> <br />INDEPENDENT CONTRACTOR <br /> <br />Auditor is an independent contractor and not an employee of the City, and all of <br /> <br />Auditor's personnel shaIl be employees or subcontractors of Auditor, and not employees <br /> <br />of the City. Auditor shaIl pay all salaries and wages, employer's Social Security taxes, <br /> <br />unemployment insurance and similar taxes relating to employees, and shall be <br /> <br />responsible for all applicable withholding. <br /> <br />6. <br /> <br />INDEMNIFICATION <br /> <br />Auditor shaIl defend, indemnify and save harmless the City of Santa Ana, and its <br /> <br />officers, agents and employees, ttom claims of any kind or nature (including Worker's <br /> <br />Compensation claims), for damages to physical property and/or physical injury or death <br /> <br />to persons resulting ttom or arising out of acts, errors or omissions of Auditor, its agents, <br /> <br />employees or subcontractors, in the performance of work pursuant to this Agreement. <br />