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<br />4. IRVINE shall submit an invoice to CITY payable by CITY within thirty (30)
<br />days of receipt of the invoice.
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<br />5 Independent Contractor. IRVINE is, and shall at all times be deemed to be,
<br />an independent contractor. Nothing herein contained shall be construed as
<br />creating the relationship of employer and employee, or principal and agent,
<br />between CITY and IRVINE or any of IRVINE'S agents or employees
<br />IRVINE, through its Chief of Police, shall retain all authority for rendition of
<br />services, standards of performance, control of personnel, and other matters
<br />incident to the performance of services by IRVINE pursuant to this
<br />Agreement. IRVINE, its agents and employees, shall not be entitled to any
<br />rights or privileges of CITY employees and shall not be considered in any
<br />manner to be CITY employees.
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<br />6. Indemnification. IRVINE, its officers, agents and employees shall not be
<br />deemed to have assumed any liability for the negligence or any other act or
<br />omission of CITY or any of its officers or employees, or for any dangerous or
<br />defective condition of any street or work or property of CITY, or for any
<br />illegality or unconstitutionality of CITY's municipal ordinances. CITY shall
<br />indemnify and hold IRVINE, its officers, agents and employees free and
<br />harmless from any claim or liability whatsoever, based or asserted upon the
<br />condition of any public street or work or property of CITY or upon the
<br />Illegality or unconstitutionality of any municipal ordinances of CITY that
<br />IRVINE had enforced, or upon any act or omission of CITY, its officers,
<br />agents, employees, subcontractors or independent contractors related to
<br />this Agreement, for property damage, bodily injury or death or any other
<br />element of damage of any kind or nature, and CITY shall defend at its
<br />expense, including attorney fees, IRVINE, its officers, agents, employees
<br />and independent contractors in any legal action or claim of any kind based
<br />on any such condition of any public street or work or property, or alleged
<br />illegality or unconstitutionality of a municipal ordinance, or alleged acts or
<br />omiSSIons.
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<br />7. Indemnification. IRVINE shall indemnify and hold CITY, its officers, agents,
<br />employees and independent contractors free and harmless from any claim
<br />or liability whatsoever, based or asserted upon any act or omission of
<br />IRVINE, its officers, agents, employees, subcontractors or independent
<br />contractors related to this Agreement for property damage, bodily injury or
<br />death, or any other element of damage of any kind or nature, and IRVINE
<br />shall defend at its expense, including attorney fees, CITY, its officers, agents
<br />and employees in any legal action or claim Df any kind based upon such
<br />alleged acts Dr omissiDns.
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<br />2 Df 3
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