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If any piece of City owned equipment is damaged and/or rendered a total loss through the
<br /> negligence or willful misconduct of Contractor, its agents, employees, subcontractors, or its
<br /> assigns, then Contractor shall be responsible for 100% of the repair costs (parts and labor) or
<br /> replacement costs for any such City owned equipment.
<br /> 7.3.8 Alcoholic Beverages. Contractor is not restricted by this Agreement as to
<br /> the selection of brands of alcoholic beverages to be sold at Facility. Contractor expressly agrees
<br /> to observe and comply with all federal, state, and city laws and ordinances and with all rules
<br /> promulgated by City with respect to alcohol sales at the Facility and to maintain in effect all
<br /> licenses and permits required for sale of alcoholic beverages at Contractor's sole expense. The
<br /> current contractor Riverview Golf LLC will relinquish the existing on-sale general liquor license
<br /> issued by the State of California to Contractor and in Contractor's name permitting the sale of
<br /> alcoholic beverages (including beer, wine and liquor) at the Facility at no expense, except for
<br /> transfer fees to be paid by Contractor as an Operating Expense. Contractor, as City's agent, shall
<br /> be solely responsible for the alcoholic beverage sales at the Facility. As an Operating Expense of
<br /> the Facility, Contractor shall maintain in its name or in the name of an Affiliate (and City shall
<br /> reasonably cooperate with Contractor in maintaining) the liquor license(s) in good standing, pay
<br /> all required fees in connection therewith,and otherwise ensure that the proper right and permission
<br /> to sell alcoholic beverages at the Facility. Contractor agrees that, in the event Contractor is
<br /> succeeded by another contractor after termination of this Agreement, Contractor shall, without
<br /> charge to City, relinquish said license at no expense to such successor, except for transfer fees to
<br /> be paid by the successor. From and after the termination date and continuing until the date of
<br /> transition, Contractor shall cooperate with City in City's efforts to obtain its own liquor license(s)
<br /> (or a transfer of Contractor's liquor licenses) to serve alcoholic beverages at the Facility.
<br /> 7.3.9 Independent Contractor. Except as expressly provided herein, City, nor
<br /> any of its employees,shall have any control over the manner,mode or means by which Contractor,
<br /> its agents or employees,perform the services required herein. Except as expressly provided herein,
<br /> City shall have no voice in the selection, discharge, supervision or control of Contractor's
<br /> employees, servants, representatives, or agents, or in fixing their number, compensation or hours
<br /> of service. Contractor shall perform all services required herein as an independent contractor of
<br /> City and shall remain at all times to City a wholly independent contractor with only such
<br /> obligations as are consistent with that role. Contractor shall not at any time or in any manner
<br /> represent that it or any of its agents or employees are agents or employees of City. City shall not
<br /> in any way or for any purpose become or be deemed to be a partner of Contractor in its business
<br /> or otherwise a joint venturer or a member of any joint enterprise with Contractor. Inconsideration
<br /> for the compensation paid to Contractor by City, Contractor agrees that City shall not be obligated
<br /> to provide, and instead agrees that Contractor shall provide on City's behalf, any benefits,
<br /> including, but not limited to, workers' compensation, disability, retirement, life, unemployment,
<br /> health or any other benefit and Contractor agrees that it shall not sue or file a claim, petition, or
<br /> application therefor against City or any of its officers, employees, agents, volunteers,
<br /> representatives or sureties.
<br /> 7.3.10 Public Records. Any and all written information created, submitted to,
<br /> and/or obtained by Contractor from City or any other person or entity having to do with or related
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