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6. COVENANTS OF THE OPERATOR <br />A. Operator agrees throughout the term of this Agreement to manage, <br />operate, supervise, and maintain the Premises economically, professionally, diligently, <br />effectively, and to the best of its ability. The Operator agrees not to use or permit the use of the <br />Premises for any purpose other than for vehicular parking, nor to engage in or permit any other <br />business activity on, within or from the Premises. The Operator must manage and operate the <br />Parking Facilities in a manner that reflects the City's commitment to customer service, careful <br />stewardship of the public's capital investments, adequate safeguards on City's revenues and <br />professional management of the City's services. <br />B. The Operator, as operator and manager of the Premises, shall comply <br />with and conform to all provisions of law including, without limiting the generality of the <br />foregoing, all requirements of all Federal, State and local enactments, bylaws, and other <br />governmental or municipal regulations now or hereafter in force which relate to the operation, <br />management, and supervision of the Premises, and the Operator shall comply with all Police, <br />Fire, and safety regulations imposed by any governmental, State, or City authorities, or made by <br />property insurance companies, and shall obtain and maintain all licenses and consents necessary <br />for the proper and lawful operation, management, and supervision of the Premises. <br />C. Operator agrees that this Agreement shall not be construed as granting <br />any right of possession, estate, title or interest in the Parking Facilities. Operator agrees that this <br />Agreement shall not impair the City, its agents or employees from entering the Parking Facilities <br />at any time. <br />D. Operator agrees and acknowledges that it is an independent contractor <br />and not an employee of the City. Operator shall maintain complete control over all of its <br />employees and any subcontractors. This Agreement is not intended nor shall it be construed to <br />create an employer-employee relationship, a joint venture relationship, or to allow the City to <br />exercise discretion or control over the professional manner in which Operator performs the <br />services which are the subject matter of this Agreement; however, the services to be provided by <br />Operator shall be provided in a manner consistent with all applicable standards and regulations <br />governing such services and the terms of this Agreement. Operator shall pay all salaries and <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. Neither Operator nor City <br />is granted any right or authority to assume or create any obligation on behalf of the other. <br />7. COLLECTION OF REVENUES AND PAYMENT OF EXPENSES <br />The Operator shall deposit daily in a separate interest bearing account in a chartered bank <br />approved by City all Gross Revenue received by the Operator in the performances of this <br />Agreement. <br />The Operator shall promptly pay when due all operating expenses. All such expenses shall be <br />promptly paid by the Operator from the Gross Revenues deposited as set forth herein. If at the <br />end of a given month Gross Revenues previously collected are insufficient to pay all expenses, <br />the Operator will carry-over that amount, up to Ten Thousand Dollars ($10,000), to the <br />subsequent month(s) where future revenues can be used to reimburse these expenses. For the <br />