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Licensee covenants that it presently has no interest and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of this License <br />Agreement specified herein. <br />Section 8.14 Attorney's Fees <br />In the event suit is brought by either party to enforce the terms and provisions of this <br />Agreement or to secure the performance hereof, each party shall bear its own attorney's <br />fees. <br />Section 8.15 Exclusivity and Amendment <br />This Agreement constitutes the entire agreement and understanding between Licensor <br />and Licensee respecting the License Area, the licensing of the License Area to Licensee, <br />or the License Term herein specified, and correctly sets forth the obligations of Licensor <br />and Licensee to each other as of its date. Any agreements or representations respecting <br />the License Area or their licensing between the parties not expressly set forth in this <br />instrument are null and void. This Agreement or any part of it may not be changed, <br />altered, modified, limited or extended orally or by any Agreement between the parties, <br />unless such Agreement is expressed in writing, signed and acknowledged by Licensor <br />and Licensee, or their successors in interest. <br />Section 8.16 Captions <br />Captions used in this Agreement are for ease of reference only and shall not affect the <br />construction or interpretation of this Agreement. <br />Section 8.17 Non -Discrimination <br />Licensee shall not discriminate because of race, color, creed, religion, sex, marital status, <br />sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited <br />by applicable law, in the recruitment, selection, training, utilization, promotion, <br />termination or other employment related activities. Licensee affirms that it is an equal <br />opportunity employer and shall comply with all applicable federal, state and local laws <br />and regulations. <br />Section 8.18 Independent Contractor <br />Operator shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended <br />nor shall it be construed to create an employer -employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Operator performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Operator shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. <br />Operator shall pay all salaries and wages, employer's social security taxes, unemployment <br />insurance and similar taxes relating to employees and shall be responsible for all applicable <br />withholding taxes. <br />13 <br />