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inventory. Such modifications shall not be considered a breach of this <br />Agreement. <br />6. COVENANTS OF THE OPERATOR <br />A. Operator agrees throughout the term of this Agreement to manage, <br />operate, supervise, and maintain the Premises economically, diligently, effectively, and to <br />the best of its ability. The Operator agrees not to use or permit the use of the Premises <br />for any purpose other than for vehicular parking, nor to engage in or permit any other <br />business activity on, within or from the Premises. The Operator must manage and <br />operate the Parking Facilities in a manner that reflects the City's commitment to <br />customer service, careful stewardship of the public's capital investments, adequate <br />safeguards on City's revenues and professional management of the City's services. <br />B. The Operator, as operator and manager of the Premises, shall comply <br />with and conform to all provisions of law including, without limiting the generality of the <br />foregoing, all requirements of all Federal, State and local enactments, bylaws, and other <br />governmental or municipal regulations now or hereafter in force which relate to the <br />operation, management, and supervision of the Premises, and the Operator shall comply <br />with all Police, Fire, and safety regulations imposed by any governmental, State, or City <br />authorities, or made by property insurance companies, and shall obtain and maintain all <br />licenses and consents necessary for the proper and lawful operation, management, and <br />supervision of the Premises. <br />C. Operator agrees that this Agreement shall not be construed as granting <br />any right of possession, estate, title or interest in the Parking Facilities. Operator agrees <br />that this Agreement shall not impair the City, its agents or employees from entering the <br />Parking Facilities at any time. <br />D. Operator agrees and acknowledges that it is an independent contractor <br />and not an employee of the City. Operator shall maintain complete control over all of its <br />employees and any subcontractors. This Agreement is not intended nor shall it be <br />construed to create an employer-employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the professional manner in which <br />Operator performs the services which are the subject matter of this Agreement; however, <br />the services to be provided by Operator shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services and the terms of this <br />Agreement. Operator shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible <br />for all applicable withholding taxes. Neither Operator nor City is granted any right or <br />authority to assume or create any obligation on behalf of the other. <br />7. RECORDS AND ACCOUNTS <br />A. Records. The Operator shall, at all times during the term of this <br />Agreement, keep or cause to be kept true and complete books, records, <br />and accounts of all gross receipts from the operation of the Parking <br />5 <br />2501-35