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University shall make a forty-five (45) day advance schedule change request to City indicating the proposed modification. City shall respond to such requests within two (2) weeks of receipt. City may charge University a fee in the amount of sixty-one dollars ($61.00) per hour for any scheduling changes made by the University without the aforementioned forty-five (45) day notice. University shall assume full responsibility for its personal property used at the Premises, and shall hold City harmless for any theft or damage relating to University's personal property. 4.3 University shall be solely responsible for any set up and cleaning associated with its use of the Premises, and shall maintain the Premises in a clean and litter -free manner. 4.4 University shall not commit, or permit the commission of, any acts on the Premises, or use or permit the use of the Premises, in any manner that will increase the existing rates for, or cause the cancellation of, any fire, liability, or other insurance policy insuring the Premises or the improvements on the Premises. University shall, at its own cost and expense, maintain insurance for all personal property and improvements on the Premises. 4.5 University shall not commit, or permit the commission by others, of any waste on the Premises. University shall not maintain, commit, or permit the maintenance or commission of any nuisance on the Premises, and University shall not use or permit the use of the Premises for any unlawful purpose. ARTICLE 5. INDEPENDENT CONTRACTOR 5.1 It is the express intention of the Parties that University is, and shall remain during the term of this Agreement, an independent contractor and not be an agent or employee of City. University represents to City that is free from the control of City as to how University's services are provided to the public; the services provided by University are not part of City's business, and University is providing the same or similar Services to other persons and entities through University's own business, or through other businesses; and that University agrees its provision of the Services within the Premises is not University'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 University and City. The Parties acknowledge that University is not a City employee for state tax, federal tax, or any other purpose. ARTICLE 6. COMPLIANCE WITH LAWS 6.1 University shall, at University 's sole cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, federal, state and county or municipal, relating to University 's use and occupancy of the Premises for University 's operation of business whether those statutes, ordinances, regulations, and requirements are now in force or are subsequently enacted. The judgment of any court of competent jurisdiction, or the admission by University in a proceeding brought against University by any government entity that University has violated any such statute, 2 I:\emo\Agreements\University of Redlands Facility Use Agreement (Community Center & Library) FY23-0071.docx-ms