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health, safety, and environmental statutes. rules or regulations in the performance of the <br />Services. <br />C. The Sculptor understands and acknowledges that failure to do so shall <br />constitute a material breach of this Agreement and shall be grounds for immediate <br />termination of the Agreement and may result in denial of further work with the City. <br />Section 15. Condition of Payment. <br />The City shall not be required to pay for Services that are inconsistent with or in <br />violation of this Agreement nor for any Services performed in violation of federal, state or <br />local statute, ordinance, rule or regulation. <br />Section 16. Reserved. <br />Section 17. Reserved. <br />Section 18. Drug -Free Workplace. <br />The Sculptor hereby agrees to make a good faith effort to provide and maintain a <br />drug -free workplace. The Sculptor will give written notice to the City within ten (10) days <br />after receiving actual notice that the Sculptor or an employee of the Sculptor within the State <br />of Indiana has been convicted of a criminal drug violation occurring in the workplace. <br />Section 19. Relationship /Independent Contractor. <br />A. Both parties, in the performance of this Agreement, shall act in an individual <br />capacity and not as agents, employees, partners, joint venturers or associates of one another. <br />The employee(s) or agent(s) of one party shall not be deemed or construed to be the <br />employee(s) or agent(s) of the other party for any purpose whatsoever. Neither party will <br />assume liability for any injury (including death) to any person(s), or damage to any property, <br />arising out of the acts or omissions of the agents, employees or subcontractors of the other <br />party. <br />B. The Sculptor is solely responsible for compliance with federal, state and local <br />laws and regulations relating to taxes and social security payments that may be required to be <br />made in connection with the compensation provided under this Agreement. The City, <br />however, may file informational returns with the United States Internal Revenue Service or <br />similar state agency regarding payment made to the Sculptor in accordance with this <br />Agreement under conditions imposed by federal, state or local laws applicable to such <br />payment. The City shall provide IRS Form 1099 if applicable. <br />Section 20. Reserved. <br />wilk <br />- 5 - <br />