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<br />7. ACCOUNTING RECORDS. Records of the citations processed by TDS shall be available <br />for examination by the Customer or its authorized representative(s) at a time agreeable to the <br />Customer and TDS within one week following a request by the Customer to examine such <br />records. Failure by TDS to permit such examination within one (1) week of a request shall <br />permit the Customer to withhold all further payments until such examination is completed <br />unless an extension of time for examination is authorized by the Customer in writing. <br /> <br />8. TIME OF PERFORMANCE. Time is of the essence, and TDS shall perform the services <br />required by this Agreement in an expeditious and timely manner so as not to unreasonably <br />delay the purpose of this Agreement. <br /> <br />9. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, TDS <br />shall be an independent contractor and shall not be an employee of the Customer. The <br />Customer shall have the right to control TDS only insofar as the results of TDS's services <br />rendered pursuant to this Agreement; however, Customer shall not have the right to control <br />the means by which TDS accomplishes the services rendered pursuant to this Agreement. <br /> <br />10. FACILITIES AND EQUIPMENT. TDS shall, at its own cost and expense, provide all <br />facilities and equipment that may be required for performance of the services required by this <br />Agreement. <br /> <br />11. INDEMNIFICATION BY TURBO DATA SYSTEMS, INC. TDS is skilled in the <br />professional calling necessary to perform the services and duties agreed to be performed by <br />TDS under this Agreement, and Customer, not being skilled in such matters, relies upon the <br />skill and knowledge of TDS to perform said services and duties in the most skillful manner. <br />Therefore, TDS agrees to indemnify, defend, and hold harmless Customer, its officers, <br />officials, employees, volunteers and agents harmless from and against any and all liability, <br />claims, suits, actions, damages, and causes of action, including attorney's fees, arising during <br />the term of this agreement out of any personal injury, bodily injury, loss of life, or damage to <br />property, or of any violation of any federal, state, or municipal law or ordinance, or other <br />cause to the extent caused by the negligent acts or omissions of TDS, its employees, <br />subcontractors, or agents, or an account of the performance or character of this work, except <br />for any such claim arising out of the sole negligence or willful misconduct of Customer, its <br />officers, officials, employees, volunteers and agents. <br /> <br />Acceptance by Customer of the work performed under this agreement does not operate as a <br />release of TDS from such professional responsibility for the work performed. It is further <br />understood and agreed that TDS is apprised of the scope of the work to be performed under <br />this Agreement and TDS agrees that said work can and shall be performed in a fully <br />competent manner. <br /> <br />12. LIABILITY LIMITATION AND INDEMNIFICATION BY CUSTOMER. TDS shall use <br />due care in processing work of the Customer but TDS shall be responsible only to the extent <br />of correcting any errors that are due to the equipment or personnel of TDS, such errors shall <br />he corrected by TDS at no additional charge to the Customer. TDS shall be entitled to <br /> <br />Page 2 of 5 <br />