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<br />Manager or his designee. Contractor must pack up and leave at the end of <br />every work day. <br /> <br />8.03 PERMITS: Contractor is required to provide City, prior to commencement <br />of operation of the concessions, a copy of all licenses and/or certificates <br />necessary to operate its business in the City. <br /> <br />8.04 TAXES: Contractor agrees to pay all lawful taxes, assessments or charges <br />which may be levied by any government entity. <br /> <br />8.05 QUALITY OF SERVICE/CONTROLLED RATES AND CHARGES: <br />The City has the right to inspect and approve the prices and rates of food and <br />beverages sold in the concession area. The City reserves the right to prohibit <br />the sale of any item which it deems objectionable or beyond the scope of <br />merchandise deemed necessary for proper service to the public. Contractor <br />shall post rates and prices of all items in such places as designated by the City. <br />The Contractor is prohibited from selling alcohol on the premises. <br /> <br />8.06 INDEPENDENT CONTRACTOR RELATIONSIllP. The Contractor, <br />including its employees, is an independent Contractor and shall be treated as <br />such for all purposes. Nothing contained in this agreement or any action of <br />the parties shall be construed to constitute or to render the Contractor an <br />employee, partner, agent, shareholder, officer or in any other capacity other <br />than as an independent Contractor other than those obligations which have <br />been or shall have been undertaken by the City. Contractor shall be <br />responsible for any and all of its own expenses in performing its duties as <br />contemplated under this agreement. The City shall not be responsible for any <br />expense incurred by the Contractor. The City shall have no duty to withhold <br />any Federal income taxes or pay Social Security services and that such <br />obligations shall be that of the Contractor other than those set forth in this <br />agreement. Contractor shall furnish its own transportation, office and other <br />supplies as it determines necessary in carrying out its duties under this <br />agreement. <br /> <br />8.07 INDE.MNIFICATION. Contractor agrees to indemnify, defend and hold <br />harmless, the City, its officers, agents, and employees from, and against any <br />and all claims, actions, liabilities, losses and expenses including, but not <br />limited to, attorney's fees for personal, economic or bodily injury, wrongful <br />death, loss of or damage to property, at law or in equity, which may arise or <br />may be alleged to have risen from the negligent acts, errors, omissions or <br />other wrongful conduct of the Contractor, agents or other personnel entity <br />acting under Contractor's control in connection with the Contractor's <br />performance of services under this Agreement and to that extent the <br />Contractor shall pay such claims and losses and shall pay all such costs and <br />judgments which may issue from any lawsuit arising from such claims and <br />losses including wrongful termination or allegations of discrimination or <br />harassment, and shall pay all costs and attorneys' fees expended by the City in <br />defense of such claims and losses including appeals. That the aforesaid hold- <br /> <br />ClOII-036 Snack Time LLC Sampson Oceanfront Park Agreement <br /> <br />Page 3 of 11 <br /> <br />1 <br /> <br />,_..1 <br />