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10.2.6. Notwithstanding anything contained in this Agreement to the contrary, this <br />Agreement shall not prohibit the City from disclosing Proprietary <br />Information to the extent required in order for the City to comply with <br />applicable laws and regulations, provided that the City provides prior <br />written notice of such required disclosure to NG. <br />11. INDEPENDENT CONTRACTOR; NO AGENCY. <br />11.1. It is understood that NG is an independent contractor and not an agent or employee <br />of the City for any purpose including, but not limited to, federal tax and other state <br />and federal law purposes. Nothing in this Agreement shall be considered to create <br />the relationship of employer and employee between the parties hereto. Neither <br />Contractor nor any employee of Contractor shall be entitled to any benefits <br />accorded City employees by virtue of the services provided under this Agreement. <br />The City shall not be responsible for withholding or otherwise deducting federal <br />income tax or social security or contributing to the State Industrial Insurance <br />Program, or otherwise assuming the duties of an employer with respect to the <br />Contractor, or any employee of the Contractor. NG specifically assumes <br />responsibility for payment of all federal, state and local taxes imposed or required <br />of NG under unemployment insurance, Social Security and income tax laws for the <br />duration of this contract. NG shall be solely responsible for any worker's <br />compensation insurance required by law and shall provide the City with proof of <br />insurance upon demand. The parties agree that the City shall not: <br />11.1.1. Pay dues, licenses or membership fees for NG; <br />11.1.2. Require attendance by NG, except as otherwise specified herein; <br />11.1.3. Control the method, manner or means of performing Services under this <br />Agreement, except as otherwise specified herein; or <br />11.1.4. Restrict or prevent NG from working for any other Party. <br />11.2. Neither Party has the right or the power to enter into any contract or commitment <br />on behalf of the other Party, including entering into agreements with third parties, <br />exercising incidents of ownership with respect to property owned by the Party or <br />executing contracts binding upon the other Party. <br />12. NOTICES. <br />12.1. Any notices or demands which, under the terms of this Agreement or under any <br />statute, must or may be given or made by NG or the City shall be in writing and <br />shall be given or made by personal service, first class mail, FedEx, or by certified <br />or registered mail to the Parties at the following addresses: <br />{KZS2229149.DOCX;1/13175.000001/ } 12 <br />16 <br />