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<br />publicly available source; (c) is in rightful possession of City's consultant without an obligation <br />of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently <br />developed by the City without reference to information disclosed by City's consultant. <br /> <br />8. INDEPENDENT CONTRACTOR <br /> <br />CONTRACTOR 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 manner in <br />which CONTRACTOR performs the services which are the subject matter of this Agreement; <br />however, the services to be provided by CONTRACTOR shall be provided in a manner <br />consistent with all applicable standards and regulations governing such services. <br />CONTRACTOR shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to its employees and shall be responsible for <br />all applicable withholding taxes. <br /> <br />9. CONFLICT OF INTEREST CLAUSE <br /> <br />CONTRACTOR covenants that it presently has no interests and shall not have interests, direct or <br /> <br />indirect, which would conflict in any manner with performance of services specified under this <br /> <br />Agreement. <br /> <br />10. NOTICE <br /> <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall <br /> <br />be in writing and shall be deemed to be properly given if delivered in person or mailed by first <br /> <br />class certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication <br /> <br />in the manner provided in this Section, to the following persons: <br /> <br />7 <br />