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specifically agrees that it will comply with all state statutes applicable to electric cooperatives <br />governing the disconnection of utility services. <br />(5) <br />Independent Contractor. Connexus is performing the services agreed to herein <br />for the City as an independent contractor, and nothing herein shall create any association, <br />partnership, or joint venture with the City nor any employer /employee relationship. Connexus <br />shall at all times be free to exercise initiative, judgement and discretion as to how to best perform <br />or provide the services described herein. <br />(6) Indemnification. <br />(a) Indemnification. Any and all claims that arise or may arise against <br />Connexus, its agents, servants or employees, as a consequence of any act <br />or omission on the part of Connexus or its agents, servants, or employees, <br />while engaged in the performance of the Agreement shall in no way be the <br />obligation or responsibility of the City. Connexus shall indemnify, hold <br />harmless and defend the City, its officers and employees against any and <br />all liability, loss, costs, damages, expenses, claims or actions, including <br />attorney's fees, which the City, its officers or employees may hereafter <br />sustain, incur or be required to pay, arising out of or by reason of any act <br />or omission of Connexus, its agents, servants or employees, in the <br />execution, performance, or failure to adequately perform its obligations <br />pursuant to this Agreement. <br />