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AARP shall assume full responsibility for its personal property used at the Premises, and <br />shall hold City harmless for any theft or damage relating to AARP's personal property. <br />4.3 AARP shall be solely responsible for any set up and cleaning associated with its use of the <br />Premises, and shall maintain the Premises in a clean and litter -free manner. <br />4.4 AARP shall not commit, or permit the commission of, any acts on the Premises, or use or <br />permit the use of the Premises, in any manner that will increase the existing rates for, or <br />cause the cancellation of, any fire, liability, or other insurance policy insuring the Premises <br />or the improvements on the Premises. AARP shall, at its own cost and expense, maintain <br />insurance for all personal property and improvements on the Premises. <br />4.5 AARP shall not commit, or permit the commission by others, of any waste on the Premises. <br />AARP shall not maintain, commit, or permit the maintenance or commission of any <br />nuisance on the Premises, and AARP shall not use or permit the use of the Premises for <br />any unlawful purpose. <br />ARTICLE 5. INDEPENDENT CONTRACTOR <br />5.1 It is the express intention of the Parties that AARP is, and shall remain during the term of <br />this Agreement, an independent contractor and not be an agent or employee of City. AARP <br />represents to City that is free from the control of City as to how AARP's services are <br />provided to the public; the services provided by AARP are not part of City's business, and <br />AARP is providing the same or similar Services to other persons and entities through <br />AARP's own business, or through other businesses; and that AARP agrees its provision of <br />the services within the Premises is not AARP's sole source of business. Nothing in this <br />Agreement shall be interpreted or construed as creating or establishing the relationship of <br />employer and employee between AARP and City. The Parties acknowledge that AARP is <br />not a City employee for State tax, Federal tax, or any other purpose. <br />ARTICLE 6. COMPLIANCE WITH LAWS <br />6.1 AARP shall, at AARP's sole cost and expense, comply with all statutes, ordinances, <br />regulations, and requirements of all governmental entities, federal, state and county or <br />municipal, relating to AARP's use and occupancy of the Premises for AARP's operation <br />of business whether those statutes, ordinances, regulations, and requirements are now in <br />force or are subsequently enacted. The judgment of any court of competent jurisdiction, or <br />the admission by AARP in a proceeding brought against AARP by any government entity <br />that AARP has violated any such statute, ordinance, regulation, or requirement shall be <br />conclusive as between City and AARP and shall constitute grounds for termination of this <br />Agreement by City. <br />ARTICLE 7. INDEMNITY AND INSURANCE <br />7.1 AARP shall defend, indemnify and hold harmless City, and its elected officials, officers, <br />employees and agents from and against any and all claims, causes of action, damages and <br />liability resulting from AARP's negligent acts or omissions, and the willful misconduct of <br />AARP, and that of AARP's agents, employees and invitees, during AARP's occupation <br />2 <br />!:\cmo\Agreements\AARP Foundation Facility Use Agreement FY23-0008.docx-ms <br />