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4. INDEPENDENT CONTRACTOR <br />Instructor shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreemenoint venture ded <br />nor shall it be construed to create an employer-employee relationship, a j <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Instructor performs the services which are the subject matter of this <br />Agreement. Instructor shall be responsible for all applicable withholding taxes. <br />$. INDEMNIFICATION <br />Instructor agrees to and shall indemnify and hold harmless ust com ensatf onrs, <br />agents and employees from liability for personal injury, damages, j p <br />restitution, judicial or equitable relief arising out of claims for personal injury, including <br />health, and claims for property damage, which may arise from the direct or indirect <br />operations of the Instructor which relates to the services described in section 1 of this <br />Agreement. <br />6. CONFIDENTIALITY <br />If Instructor receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Instructor <br />agrees that she shall not use or disclose such information except in the performance of <br />this Agreement, and further agrees to exercise the same degree of care she uses to protect <br />her own information of like importance, but in no event less than reasonable care. <br />7. CONFLICT OF INTEREST CLAUSE <br />Instructor covenants that she presently has no interests which would conflict in <br />any manner with performance of services specified under this Agreement. <br />g. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement shall be in writing and shall be deemed to be properly given if delivered in <br />person or mailed by first class or certified mail, postage prepaid, to the following persons: <br />To City: Santa Ana Police Department To Instructor: Richard Serrato <br />Training Division 6780 Angelina Court <br />60 Civic Center Plaza (M-97) Chino, CA 91710 <br />Santa Ana, CA 92702-1988 <br />9. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City <br />and Instructor, and supersedes any and all other agreements, oral or written, between the <br />