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02/04/2014 11:40 17607279332 POWERLUK CORPORATION PAQE 02/06 <br />Iii, 04 project number endlar name (if appiioable) <br />iv. Douvory site addrees(looation (if appllosbie) <br />v, Unit cost, subtotals and total for Invoice <br />G, Extra Work. No additional Work of any kind shall be considerdd An extra unless <br />a sapAroto estimate is given for said work and the estimate Is opproved by the City in <br />writing before the work is Commenced, The Vendor will be required to provide detailed <br />informaklan of such extra work, Documentation of contract compliance maybe required <br />at City's request. Work performed prior to obtaining written approval of the City shall not <br />to included within the Scope of Work and may not be paid: <br />f1. payment by Gity shalt be mods within alxty (60) days following reowipt Of <br />payment from Investor owned utility financing, 401ort to City accounting prooedureM <br />payment need not be made for work which falls to meot the standards of performance <br />set forth In the Recitals which may reasonably be oXpeotsd by City. <br />IILTERM <br />This Agreement ahsl) commence on the date first wditen above and terminate on dune. <br />so, 2014, unless terminaled earller puraue nt to Section XI, below. The Vendor shall <br />deliver all Items under this :contract withlh a period of one hundred forty (lap) days attar . <br />city notice to proceed, unless terminated warner in accordance with Section Xii, <br />IV,INDEPEMP ENT Ct7NTRAMR <br />Venderahall, during the entire torm of this Mgreetnent, qo construed to be an <br />Independent contractonaind not an employee of the Glty, This AV eemsnt is net <br />ken <br />indei nor shell be construed to create an empioyor- employe® relationship, a leint <br />venturo relationship, or to allow City to exerolse discretion or control over the Mannar In <br />which Vendor performs services, However, the services to be provided by Vendor shall <br />be provided to a manner ponsietont with all applloohld standards and regulations <br />governing suoh seNlcsa. Vendor shall pay all salAdpa and wages, employer's Social <br />Security taxes, unemployment insurance and similar taxma relating to employees and <br />arhsll to responsible for all applicable withholding tames, <br />V.INOEMNINGATIQN <br />Vendor agree, to and shall indemnify and held harmless the City, Its pincers, agents, <br />employees, Contractors, Special counsel, and rq prdaantativee from liability for personal <br />Injury, damages, Just oompeneatlon, rsatitutionJudidal or equitable relief arising out of <br />claims for personal injury, Including death, and olalma for propOrty.dama0n which may <br />mile from the direct or indirect oparatlone of the Vendor 61, Ptri %obcontraot000, <br />suibcontractara, Saari% employees, or other per,aons acting on their bohnif whlch,relel <br />to the services daeortbed In Socttan 1 of this Agreement. <br />VLGGNFLIGT OP INTLRSST Gi-AtJSS <br />Vendor ce'venapts that It prosantly has no intere{ is and shall not have interests, direct or <br />Indirect, which would conflict in cny manner with performance if servPveo-1 apooifled under <br />this Agreement, <br />251 -22 <br />