POWERLUX CORPORATION 1 - 2013 - Laserfiche WebLink

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iii. City project number and/or name (if applicable) iv. Delivery site address/location (if applicable) V. Unit cost, subtotals and total for invoice C. Extra Work. No additional work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The Vendor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required at City's request. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. Payment by City shall be made within sixty (60) days following receipt of payment from investor owned utility financing, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. III.TERM This Agreement shall commence on the date first written above and terminate on June 30, 2014, unless terminated earlier pursuant to Section XI, below. The Vendor shall deliver all items under this contract within a period of one hundred forty (140) days after City notice to proceed, unless terminated earlier in accordance with Section XII. IV.INDEPENDENT CONTRACTOR Vendor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall be construed to create an employer-employee relationship, a joint venture relationship, or to allow City to exercise discretion or control over the manner in which Vendor performs services. However, the services to be provided by Vendor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Vendor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V.INDEMNIFICATION Vendor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Vendor or its subcontractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section 1 of this Agreement. VI.CONFLICT OF INTEREST CLAUSE Vendor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance if services specified under this Agreement.