6B(1) Blackthorn Golf Course Telephone System

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provisions of this Agreement shall require formal modification. The Contractor warrants that it and its subcontractors, if any, shall obtain and maintain all required permits, licenses, registrations and approvals, as well as comply with all health, safety, and environmental statutes, rules or regulations in performance of the Services. Contractor understands and acknowledges that failure to do so shall constitute a material breach of this Agreement and shall be grounds for immediate termination of the Agreement and may result in denial of further work with the City. 18. 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. 19. Confidentiality and Disclosure of Information. The Contractor understands and agrees that certain data, materials, or information disclosed to the Contractor incidental to this Agreement may contain confidential or protected information. The Contractor agrees that it will not disclose or discuss such information with third parties without prior written consent of the City. The Contractor 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. 20. Conflict of Interest. The Contractor 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. Contractor hereby represents and certifies that it may enter into this agreement under Indiana Code § 35-44-1. 21. Drug-Free Workplace. The Contractor hereby agrees to make a good faith effort to provide and maintain adrug-free workplace. The Contractor will give written notice to the City within ten (10) days after receiving actual notice that the Contractor or an employee of the Contractor within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. 22. 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. The Contractor shall be solely responsible for providing all necessary unemployment and workers' compensation insurance for the Contractor's employees. Contractor is solely responsible for compliance with federal, state and local laws and regulations relating to taxes and social security payments that may be required to be