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Section 15. Condition of Payment The City shall not be required to pay for Services that are inconsistent with or in violation of this Agreement nor for any Services performed in violation of federal, state or local statute, ordinance, rule or regulation. Section 16. Confidentiality and Disclosure of Information BWG understands and agrees to comply with the legal requirements of Indiana Code § 5-14-3-1 et seq. (commonly known as Indiana's Access to Public Records Act), to the extent applicable, with respect to all documentation. Section 17. Conflict of Interest BWG acknowledges that he or she (or it and its directors, officer, employees and agents), may potentially be deemed to be a "public servant" as defined by Indiana Code § 35-41-1-24. BWG hereby represents and certifies that it may enter into this agreement under Indiana Code § 35-44-1 and, to the extent applicable, has executed and filed with the City and the appropriate bodies a Uniform Conflict of Interest Disclosure Statement, the form of which is attached hereto and incorporated herein as Exhibit B, prior to the City's approval of this Agreement. Section 18. Drug-Free Workplace BWG hereby agrees to make a good faith effort to provide and maintain a drug-free workplace. BWG will give written notice to the City within ten (10) days after receiving actual notice that BWG or an employee of BWG within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. Section 19. Relationship/Independent Contractor Both parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employee(s) or agent(s) of one party shall not be deemed or construed to be the employee(s) or agent(s) of the other party for any purpose whatsoever. Neither party will assume liability for any injury (including death) to any person(s), or damage to any property, arising out of the acts or omissions of the agents, employees or subcontractors of the other party. BWG shall be solely responsible for providing all necessary unemployment and workers' compensation insurance for BWG's employees. - 7 -