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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 />4.5 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 />4.6 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: <br />Brian Desatnik <br />Development Services Director <br />City of Redlands <br />P.O. Box 3005 <br />Redlands, CA 92373 <br />Consultant: <br />LSA Associates, Inc. <br />Lynn Calvert -Hayes, Principal <br />1500 Iowa Avenue, Suite 200 <br />Riverside, CA 92507 <br />Either Party may change the recipient or address for receiving notices upon written notice to the <br />other party. <br />Agreement — Environmental Consulting Services —Safety Hall Project 1/16!2018 <br />