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<br />specifically agrees that it win comply, with all state statutes applicable to electric cooperatives <br /> <br />governing the disconnection of utility services. <br /> <br />(5) Independent Contractor. Connexus is performing the services agreed to herein <br /> <br />for the City as an independent contractor, and nothing herein shall create any association, <br /> <br /> <br />partnership, or joint venrore with the City nor any employer/employee relationship. Connexus <br /> <br /> <br />shall at all times be free to exercise initiative, judgement and discretion as to how to best perform <br /> <br /> <br />or provide the services described herein. <br /> <br />(6) Indemnification. <br />(a) Indemnification. Any and all claims that arise or may arise against <br /> <br />Connexus, its agents, servants or employees, as a consequence of any act <br /> <br />or, omission on the part of Connexus or its agents, servants, or employees, <br /> <br /> <br />while engaged-in the performance of the Agreement shall in no. way be the <br /> <br /> <br />.obiigation or responsibility of the City. Connexus shall indemnify, hold <br /> <br /> <br />harmless and defend the City, its cfficers and employees against any and <br /> <br /> <br />all liability, loss, costs, damages, expenses, claims or actions, including <br /> <br />attorney's fees, which the City, its officers or employees may hereafter <br /> <br />sustain, incur or be requirec;l. to. pay, arising out af or by reason af any act <br /> <br />or omissian of Cannexus, its agents, servants or employees, in the <br /> <br />execution, performance, or failure to adequately perform its obligations <br /> <br />pursuant to this Agreement. <br /> <br />7 <br />