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Statement, the form of which is attached hereto and incorporated herein as Exhibit “D”. <br /> <br />SECTION 8. Relationship. <br /> <br /> <br />A. Independent Contractor. The Provider, and each of its directors, officers, <br />employees and agents, shall at all times be an independent contractor rather than an <br />employee of the Commission, and no act, action or omission to act by the Provider shall <br />in any way bind or obligate the Commission, except as specifically provided under the <br />terms of this Agreement. It is understood and agreed by the parties that the Provider will <br />not be entitled to any benefits enjoyed by the Commission or the staff of the Commission <br />in the normal course of their employment. <br /> <br />B. Tax Obligations. The Provider is solely responsible for compliance with <br />federal, state and local laws and regulations relating to taxes and social security payments <br />that may be required to be made in connection with the compensation provided under this <br />Agreement. The Commission, however, may file informational returns with the United <br />States Internal Revenue Service or similar state agency regarding payments made to the <br />Provider in accordance with this Agreement under conditions imposed by federal, state or <br />local laws applicable to such payment. The Commission shall provide IRS Form 1099 if <br />applicable. <br /> <br />SECTION 9. Indemnification. <br /> <br />The Provider hereby agrees to defend, indemnify, and hold harmless the <br />Commission, its officials, directors, employees, and agents from any and all claims of <br />any nature which arise from the performance by the Provider under this Agreement and <br />from all costs and attorney fees in connection therewith, excepting for claims arising out <br />of the negligence of the Commission, its officials, directors, employees, and agents. The <br />obligations of the Provider under this Section shall survive the termination or expiration <br />of this Agreement. <br /> <br />SECTION 10. Equal Opportunity. <br /> <br />The Provider shall comply with federal, state and local law in its hiring and <br />employment practices and policies for any activity covered by this Agreement. <br /> <br />SECTION 11. Entire Agreement. <br /> <br /> <br />This Agreement sets forth the entire agreement and understanding between the <br />Parties as to the subject matter hereof, and merges and supersedes all prior discussions, <br />agreements, and understanding of any and every nature between them. <br /> <br />SECTION 12. Law Governing. <br /> <br /> <br />This Agreement shall be construed and interpreted according to the laws of the <br /> 9 <br /> <br />