NORTHGATE GONZALEZ MARKETS, INC. (2)

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d. City Obligations. City agrees to the following: (1) City agrees to take responsibility for preparation of the License Area for the Event. (2) City agrees to coordinate with Partner to remove and replace current fencing in place at the License Area. If fencing is owned by Partner, City will remove, relocate and replace fencing pursuant to the schedule provided in Section 3(b). If Partner is renting the fencing from a third -party vendor, Partner and/or City will coordinate with the third -party vendor to remove, relocate, and replace the fencing to its original condition after the event. The cost of fencing during the Term of the Agreement will be borne solely by City. 4. TERM This Agreement shall commence on August 1, 2024 and terminate on September 30, 2024, with the option for a one (1) month extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated as otherwise provided in this Agreement. 5. INDEPENDENT CONTRACTOR Partner 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 it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Partner performs the services which are the subject matter of this Agreement; however, the services to be provided by Partner shall be provided in a manner consistent with all applicable standards and regulations governing such services. Partner 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. 6. RESERVED INDEMNIFICATION To the fullest extent permitted by law, Partner shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "City ,Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim'; collectively, "Claims"), which may arise from or in any manner are related (directly or indirectly) to Partner's breach of this Agreement or Partner's presence or Page 4 of 8