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Section 13.Independent Contractor. It is understood and agreed between the parties that the Provider <br /> is an independent contractor. The City and the Provider,in executing this contract,and in performing <br /> their respective obligations, are acting independently, and not in any form of partnership or joint <br /> venture. The City assumes no liability or responsibility to the Provider of any third parties in <br /> connection with this contract or by virtue of the City's issuance of any permits or approval of any <br /> plans, specifications or improvements related to the activities of the Provider under this contract. <br /> Section 14. Indemnification. The Provider shall indemnify, hold harmless and defend City, its <br /> employees, officials, and agents from and against any and all obligations, claims, suits, demands and <br /> liability or alleged liability, including costs of suit, attorney's fees, damages,judgments, or <br /> settlements and related expenses arising in any manner from the Provider's activities under this <br /> contract. <br /> Section 15. Miscellaneous. <br /> A. This contract contains the entire agreement between the parties. Any oral understandings or <br /> agreements in conflict with the written provisions of this contract shall be of no force or <br /> effect. <br /> B. Any amendments to the terms of this contract must be made in writing and executed by both <br /> parties. <br /> C. The Provider warrants that it possesses the legal authority to enter into and perform this <br /> contract. <br /> D. The City may provide for or conduct an independent audit of the funds received under this <br /> contract at any time during the effective term of this contract and for twelve months after its <br /> termination. <br /> E. The Provider agrees to maintain all program records related to the activities funded by the <br /> City under this contract for at least twelve months after the termination of his contract. <br /> F. The Provider agrees to include the statement "Presented by the City of San Marcos" with <br /> any advertising, promotional materials, and event announcements. <br />