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connected with the services hereunder, if such injury, loss, or damage is caused by the negligent <br />act, omission, or other fault of the Consultant or any subcontractor of the Consultant, or any <br />officer, employee, or agent of the Consultant or any subcontractor, or any other person for whom <br />Consultant is responsible. The Consultant shall investigate, handle, respond to, and provide <br />defense for and defend against any such liability, claims, and demands. The Consultant shall <br />further bear all other costs and expenses incurred by the LRC or Consultant and related to any <br />such liability, claims and demands, including but not limited to court costs, expert witness fees <br />and attorneys' fees if the court determines that these incurred costs and expenses are related to <br />such negligent acts, errors, and omissions or other fault of the Consultant. The LRC shall be <br />entitled to its costs and attorneys' fees incurred in any action to enforce the provisions of this <br />Section 8.0. The Consultant's indemnification obligation shall not be construed to extend to any <br />injury, loss, or damage which is caused by the act, omission, or other fault of the LRC. <br />9.0 QUALITY OF WORK <br />Consultant's professional services shall be in accordance with the prevailing standard of practice <br />normally exercised in the performance of services of a similar nature in the Denver metropolitan <br />area. <br />10.0 INDEPENDENT CONTRACTOR <br />Consultant and any persons employed by Consultant for the performance of work hereunder <br />shall be independent contractors and not agents of the LRC. Any provisions in this Agreement <br />that may appear to give the LRC the right to direct Consultant as to details of doing work or to <br />exercise a measure of control over the work mean that Consultant shall follow the direction of <br />the LRC as to end results of the work only. As an independent contractor, Consultant is not <br />entitled to workers' compensation benefits except as may be provided by the independent <br />contractor nor to unemployment insurance benefits unless unemployment compensation <br />coverage is provided by the independent contractor or some other entity. The Consultant <br />is obligated to pay all federal and state income tax on any moneys earned or paid pursuant <br />to this contract. <br />11.0 ASSIGNMENT <br />Consultant shall not assign or delegate this Agreement or any portion thereof, or any monies due <br />to or become due hereunder without the LRC's prior written consent. <br />12.0 DEFAULT <br />Each and every term and condition hereof shall be deemed to be a material element of this <br />Agreement. In the event either party should fail or refuse to perform according to the terms of <br />this Agreement, such party may be declared in default. <br />4 <br />