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not be an employee or agent of City. Contractor represents to City that is free from the control of City as to how Contractor's Lessons are provided; the Lessons provided by Contractor are not part of City's regular business; and that Contractor is providing same or similar Lessons to other persons and entities through Contractor's own business, or through other businesses; and that Contractor agrees its provision of the Lessons pursuant to this Agreement is not Contractor's sole source of business. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City. The Parties acknowledge that Contractor is not a City employee for State tax, Federal tax or any other purpose. Section 4. Publicity. Contractor -created marketing materials must be approved in writing by City before distribution and use. City reserves the right to broadcast, televise and photograph class participants for the purpose of marketing. Section 5. Contractor's Employees. No other employees or agents of Contractor shall participate in the performance of the Lessons without the prior written consent of City. Section 6. Business License. Contractor shall obtain a City of Redlands business license as a pre -condition of performing the Lessons. Section 7. Termination. City shall have the right to terminate this Agreement, with or without cause, upon twenty (20) days prior written notice to Contractor. City shall have no liability for any claims or damages resulting to Contractor as a result of any exercise by City of its right to terminate this Agreement. Section 8. Notices. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: CITY: City Clerk City of Redlands PO Box 3005 Redlands, CA 92373 jdonaldson@cityofredlands.org 909-798-7531 CONTRACTOR: Trishana C. Walker Chess Wizards Enrichment 4450 N. Central Ave Chicago, IL 60630 trishana@chesswizards.com (312) 698-0226 Section 9. Indemnity. Contractor shall defend, indemnify and hold City, its elected officials, officers, employees and agents harmless from and against any and all actions, damages, losses, causes of action and liability imposed or claimed relating to the injury or death of any person or damage to any property, including attorneys' fees and other legal expenses, arising directly or indirectly from any negligent act or omission of Contractor in performing the Lessons. 2 L:\ca\djm\Agreements\Chess Wizards Enrichment ICA.FY20-0072.docx.jn