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its control. In such event, Consultant shall be paid for the Services performed to the date of <br /> termination based on time and reimbursable billings The total sum paid to Consultant in the <br /> event of termination of this Agreement shall not exceed the sum set forth in Section 2.1 hereof <br /> 4.4 Hold Harmless and Indemnification <br /> A Consultant shall indemnify, hold harmless and defend City and its elected <br /> officials, officers, employees and agents from and against any and all claims, causes of action, <br /> losses and liability, including attorneys' fees, arising from injury or death to persons or damage <br /> to property occasioned by any negligent or intentional wrongful act or omission of Consultant, <br /> its officers, employees and agents in performing the Services <br /> B City shall indemnify, hold harmless and defend Consultant and its officials, <br /> employees and agents from and against any and all claims, causes of action, losses and liability, <br /> including attorneys' fees, arising from injury or death to persons or damage to property <br /> occasioned by any negligent or intentionally wrongful act or omission of City, its elected <br /> officials, officers, employees and agents in performing the Services <br /> 45 Independent Contractor This Agreement is for the performance of professional <br /> services to City and does not make the employees of Consultant employees of City for the <br /> purpose of payroll deductions, unemployment insurance or any other benefits Consultant shall <br /> at all times during the term of this Agreement retain the status of an independent contractor <br /> 46 Notices Any notice, request, or other communication to either Party by the other <br /> as provided for in this Agreement shall be given in writing, and sent by (a) hand-delivery, (b) <br /> first class United States mail,return receipt requested, or(c) overnight delivery service, and shall <br /> be deemed given upon actual receipt by the addressee Notice may also be given by facsimile or <br /> e-mail, provided the original is sent by any manner as described above in this Section Notices <br /> shall be addressed as follows <br /> City Consultant <br /> Emily Elliott, AICP Lynn Calvert-Hayes,AICP <br /> Senior Planner Principal <br /> City of Redlands LSA Associates <br /> P O Box 3005 1500 Iowa Avenue, Suite 200 <br /> Redlands, CA 92373 Riverside, CA 92507 <br /> 3 <br /> 1,\FlammnglCURRENT PLANNINGTanditional Use Fermit�CUP 1076 Woodspnng Hote1\CEQA\Fundmg Agreement\PSA LSA <br />