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all remedies available at law or in equity. In the event the Provider is found to have breached the agreement, the City shall be entitled to recover all attorney’s fees, costs, and expenses related to the breach of this agreement. The Provider shall not be entitled to recover attorney’s fees, costs, or expenses under any circumstance. The Provider shall repay to the City any portion of the Contract Amount expended for matters not within the Scope of Services. 5.Performance. The Provider shall strive to ensure that its performance under this Agreement complies with the expectations identified in the Scope of Services. The City may, at any time, provide written notice to the Provider of any concern regarding the Provider’s performance under the Scope of Services. If any such notice is delivered to the Provider, the Provider shall take reasonable steps to perform under the Scope of Services. 6. Training. The City may make available to the Provider basic CPR and first aid training subject to the City’s training schedule and the City’s trainer availability. Such CPR and first aid training will be provided at no cost to TPG staff assigned under this Agreement. 7.Relationship. The City acknowledges that the Provider is owned in part by current employees of the City. This ownership is acknowledged and certified by the documentation set forth in Exhibits B through D attached hereto. The City further acknowledges that the Provider currently employs City employees as approved and under the conditions set forth in the City policies regarding outside employment. Notwithstanding the foregoing, the Parties agree that at all times they shall be independent entities for the performance of the Services hereunder, and no act or omission to act by the Provider or its employees shall in any way bind or obligate the City. No employee of the Provider who is scheduled to work for the Provider or has a reasonable expectation of being paid by the Provider for services rendered under the terms of this Agreement will be considered or deemed to be an employee of the City during the time that such services are performed. This Agreement is strictly for the benefit of the Parties and not for any third party or person. This Agreement was negotiated by the Parties at arm’s length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Provider hereby renounce the existence of any form of agency relationship, joint venture, or partnership between the Provider and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Provider. 8.City Employees. Any off-duty sworn officer employed by the Provider and working under the terms of this Agreement shall be supervised by the Provider and not by a sworn officer of their own law enforcement department as part of their duties with the Provider under this Agreement. While performing services under this Agreement, off-duty sworn officers shall not wear their law enforcement department’s uniform. For clarity, off-duty officers may use their department issued vehicles in accordance with their department policy while performing services under this Agreement and may use their department issued firearm in accordance with their department’s outside employment policy. However, under no circumstances shall the City be responsible for any actions or failures to act of any of the Provider’s employees regardless of their status as off-duty sworn officers. 9.Assumption of Risk; Indemnification of City. The Provider acknowledges it is providing the Services voluntarily, and to the extent there are any inherent risks associated with performing the