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<br />D. In the event of termination, MWDOC agrees to deliver to the CITY all reports <br />called for in Section 1(F) of this Agreement within thirty (30) days. <br />5. INSURANCE <br />A. The performance of MWDOC's services hereunder shall be in the capacity of an <br />independent contractor and not as an officer, agent, or employee of the CITY. <br />B. Any and all of MWDOC's personnel shall be employees, agent, or subcontractors <br />of MWDOC and not employees of the CITY, nor shall the employees, agents, or <br />subcontractors of the CITY be deemed employees or agents of MWDOC. <br />C. Neither the CITY nor MWDOC shall have authority, express or implied, to <br />perform any act or make any promises, representation, or commitment which <br />would be binding upon the other. <br />D. MWDOC shall provide Workers' Compensation insurance for its employees as <br />required by California statutes. <br />E. MWDOC shall provide the CITY, upon request, certificates of insurance for <br />Workers' Compensation and general liability covering its performance pursuant <br />to this Agreement. <br />MWDOC shall not discriminate against any employee or applicant for <br />employment because of race, color, creed, religion, sex, marital statue, national <br />origin, ancestry, physical handicap, or medical condition. <br />6. INDEMNITY <br />Each of the parties agrees to indemnify, defend, and hold harmless the other party, its <br />officers, agents, employees, representatives, and volunteers from damage to property and for <br />injury to or death of any person and from all claims, demands, actions, liability, or damages of any <br />kind or nature arising out of or in connection with the provision of MWDOC's services under this <br />Agreement, resulting from the willful or negligent acts or omissions of the indemnifying party's <br />officers, agents, employees, representatives and/or volunteers. <br />ENTIRE AGREEMENT <br />25J-5 <br />