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<br />prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of <br />the costs of arbitration and their respective attorneys' fees as may be determined by the court on <br />confirmation. <br /> <br />4.36. Project Records: City shall have right to inspect and copy during regular business hours at <br />City's expense, the books and records and accounts of Contractor which relate in any way to the Project, <br />and to any claim for additional compensation made by Contractor, and to conduct an audit of the <br />financial and accounting records of Contractor which relate to the Project. Contractor shall retain and <br />make available to City all such books and records and accounts, financial or otherwise, which relate to <br />the Project and to any claim for a period of three years following final completion of the Project. During <br />the Project and the three year period following final completion of the Project, Contractor shall provide <br />City access to its books and records upon five days written notice. <br /> <br />4.38. Severability: If any provision of the Contract or the application thereof to any person or <br />situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the <br />application of such provisions to persons or situations other than those as to which it shall have been <br />held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and <br />be enforced to the fullest extent permitted by law. <br /> <br />4.39. Independent Contractor: The Contractor is an independent Contractor under the Contract. <br />Services provided by the Contractor shall be by employees of the Contractor and subject to supervision <br />by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax <br />responsibilities, social security and health insurance, employee benefits, purchasing policies and other <br />similar administrative procedures, applicable to services rendered under the Contract shall be those of the <br />Contractor. <br /> <br />END OF SECTION <br /> <br />PAGE 24 OF 92 <br />BID No. 07-10-04 <br />