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that it shall not commence any additional work or change the scope of the Services provided <br />unless authorized in writing by the City. No claim for additional compensation shall be made by <br />Contractor in the absence of prior written approval of the Parties. <br />Section 6. Governing Law; Jurisdiction; Compliance with Laws. This <br />Agreement shall be construed and interpreted according to the laws of the State of Indiana <br />without regard to conflicts of laws statutes. Any dispute arising under the terms of this <br />Agreement shall be filed in any court of competent jurisdiction in St. Joseph County, Indiana. <br />Contractor agrees to comply with all applicable federal, state and local laws, rules, regulations <br />and ordinances, and all provisions required thereby are hereby incorporated herein by reference. <br />Contractor shall comply with federal, state and local law in its hiring and employment practices <br />and policies for any activity covered by this Agreement. Further, the City shall not be required to <br />pay for Services that are inconsistent with or in violation of this Agreement nor for any Services <br />performed in violation of federal, state or local statute, ordinance, rule or regulation <br />Section 7. Relationship/Independent Contractor. Both parties, in the <br />performance of this Agreement, shall act in an individual capacity and not as agents, employees, <br />partners, joint venturers or associates of one another. The employee(s) or agent(s) of one party <br />shall not be deemed or construed to be the employee(s) or agent(s) of the other party for any <br />purpose whatsoever. Neither party will assume liability for any injury (including death) to any <br />person(s), or damage to any property, arising out of the acts or omissions of the agents, <br />employees or subcontractors of the other party. <br />Contractor is solely responsible for compliance with federal, state and local laws and <br />regulations relating to taxes and social security payments that may be required to be made in <br />connection with the compensation provided under this Agreement. The City, however, may file <br />informational returns with the United States Internal Revenue Service or similar state agency <br />regarding payment made to Contractor in accordance with this Agreement under conditions <br />imposed by federal, state or local laws applicable to such payment. The City shall provide IRS <br />Form 1099, if applicable. <br />Section 8. Entire Agreement. This Agreement sets forth the entire agreement and <br />understanding between the Parties as to the subject matter hereof, and merges and supersedes all <br />prior discussions, agreements, and understanding of any and every nature between them. <br />Section 9. Funding Cancellation and Payments. In accordance with I.C. 36-1-12.5- <br />5(d)(4), payments by the City are subject to annual appropriation by its fiscal body. When the <br />City makes a written determination that funds are not appropriated or otherwise available to <br />support continued performance of this Agreement, this Agreement shall be cancelled. A <br />determination by the City that funds are not appropriated or otherwise available to support <br />continuation of the performance shall be final and conclusive. <br />Section 10. Termination. This Agreement may be terminated, in whole or in part, by <br />the City whenever, for any reason, the City determines that such termination is in the best <br />interest of the City. Termination shall be effected by delivery to the Contractor of written notice <br />at least thirty (30) days prior to termination effective date, specifying the extent to which <br />performance of services must cease. The Contractor shall be compensated for satisfactory <br />performance prior to the notice date of termination but in no case shall total payment made to <br />Contractor exceed the original consideration set forth in the Agreement. <br />Section 11. Non -Collusion and Acceptance. The undersigned attests, subject to <br />the penalties for perjury, that he/she is the Contractor, that he/she has not, directly or indirectly, <br />to the best of the undersigned's knowledge, entered into or offered to enter into any combination, <br />collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of <br />money or other consideration for the execution of this Agreement other than that which appears <br />upon the fact of this Agreement. <br />