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The terms of this Section 8.2 shall apply regardless of the nature of any claim asserted <br />(including, but not limited to, contract, tort or any form of negligence, whether of the City, <br />the Consultant or others), but these terms shall not apply to the extent finally determined <br />to be contrary to the applicable law or regulation. These terms shall also continue to apply <br />after any termination of this Agreement. <br />Each parry accepts and acknowledges that any legal proceedings arising from or in <br />conjunction with the Services provided under this Agreement must be commenced within <br />twelve (12) months after the performance of the Services for which the action is brought, <br />without consideration as to the time of discovery of any claim. <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 />It is the expressed intent of the parties that the Consultant is an independent contractor and not <br />the agent, employee or servant of the City, and that: <br />10.1. Consultant shall satisfy all tax and other governmentally imposed responsibilities <br />including but not limited to, payment of state, federal, and social security taxes, <br />unemployment taxes, worker's compensation and self-employment taxes. No state, federal <br />or local taxes of any kind shall be withheld or paid by the City. <br />10.2. Consultant is not entitled to worker's compensation benefits except as may be <br />provided by the Consultant nor to unemployment insurance benefits unless <br />unemployment compensation coverage is provided by the Consultant or some entity <br />other than the City. <br />10.3. Consultant does not have the authority to act for the City, or to bind the City in any <br />respect whatsoever, or to incur any debts or liabilities in the name of or on behalf of the <br />City. <br />10.4. Consultant has and retains control of and supervision over the performance of <br />Consultant's obligations hereunder and control over any persons employed by Consultant <br />for performing the Services hereunder. <br />10.5. The City will not provide training or instruction to Consultant or any of its employees <br />regarding the performance of the Services hereunder. <br />10.6. Neither the Consultant nor any of its officers or employees will receive benefits of any <br />type from the City. <br />5 <br />10 <br />