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Should any litigation occur relating to the enforcement and/or <br />interpretation of this Agreement or any part thereof, the prevailing party shall <br />be entitled to reasonable attorneys' fees. The determination of whom if <br />anyone, is the prevailing party, as well as what shall constitute reasonable <br />attorneys' fees, shall be made by the judge presiding over said litigation. <br />VII. DISCONTINUATION OF CONTRACT <br />This agreement may be cancelled by the mutual consent of the City and <br />KNN. <br />IX. HOLD HARMLESS FROM LIABILITY <br />ICNN agrees to hold the City free and harmless from any and all <br />liability claims for damages by reason of any injury to person or persons, <br />including but not limited to KNN employees or property of any kind <br />whatsoever and to whomsoever belonging, including but not limited to KNN <br />employees from any cause or causes whatsoever arising from the performance <br />of KNN employees of its obligations under the provisions of this Agreement; <br />provided, however, that KNN shall not be liable to the City for any injury to <br />persons or property which may result solely or primarily from the negligent <br />action or omission of the City or its directors, officers or employees. <br />X. INSURANCE <br />Should KNN hire employees to perform any portion of the work <br />contemplated by this contract, KNN shall obtain, and maintain in full force <br />and effect, workers' compensation insurance covering said employees at KNN <br />expense. KNN shall hold the City harmless against any liability which it may <br />incur towards said employees, specifically including liability for the payment <br />of workers' compensation benefits. <br />XI. NONDISCRIMINATION <br />No discrimination shall be made in the employment of persons under <br />this Agreement because of the race, color, national origin, ancestry, religion, <br />age, physical handicap, sex, or sexual orientation of such persons. The <br />contents of Attachment A are hereby incorporated and made a part of this <br />Agreement. <br />This Agreement shall be deemed to include any provision required by <br />law to be inserted herein, whether actually inserted or not. <br />3 <br />