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(5) Independent Contractor. AEC is performing the services agreed to herein for <br /> <br />the City as an independent contractor, and noth/ng herein shall create any association, <br /> <br />partnership, or joint venture with the City nor any employer/employee relationship. AEC shall at <br /> <br />all times be free to exercise initiative, judgment and discretion as to how to best perform' or <br /> <br />provide the services described herein. <br /> <br />(6) Indemnification. <br /> <br />(a) <br /> <br />Indemnification. Any and all claims that arise or may arise against AEC, <br />its agents, servants or employees as a consequence of any act or omission <br />on the part of AEC or its agents, servants, or employees while engaged in <br />the performance of the Agreement shall in no way be the obligation or <br />responsibility of the City. AEC shall indemnify, hold harmless and defend <br />the City, its officers and employees against any and all liability, loss, <br />costs, damages, expenses, claims or actions, including attorney's fees <br />which the City, its officers or employees may hereafter sustain, incur or be <br />required to pay, arising out of or by reason of any act or omission of AEC, <br />its agents, servants or employees, in the execution, performance, or failure <br />to adequately perform its obligations pursuant to this Agreement. <br /> <br />Co) Mutual Indemnification. <br /> <br />(i) <br /> <br />Each party shall be liable for its own acts to the extent provided by <br />law and hereby agrees to indemnify, hold harmless and defend the <br />other, its officers and employees against any and all liability, loss, <br />costs, damages, expenses, claims or actions, including attorney's <br />fees which the other, its officers and employees may hereafter <br />sustain, incur or be required to pay, arising out of or by reason of <br />any act or omission of the party, its agents, servants or employees, <br />in the execution, performance, or failure to adequately perform its <br />obligations pursuant to this Agreement. <br /> <br />(c) Liability. <br /> <br />(i) <br /> <br />Each party to th_is Agreement shall be liable for its own acts and <br />the results thereof to the extent authorized by law and shall not be <br />responsible for the acts of the other party, its officers, employees or <br />agents. <br /> <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br />I, <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> <br />