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6.1E Page 8 performance of this Grantee Agreement by Grantee or Grantee's agents, officers or employees. Grantee's obligations to defend indemnify and hold Grantor and the City of Redwood City, its officers, employees and agents harmless applies to any actual or alleged personal injury, death, damage or destruction to tangible or intangible property including loss of use, libel, copyright infringement, invasion of privacy, or false or misleading advertising. Grantee's obligations under this paragraph extends to any claims, damage, loss, liability, expense or other costs which is caused in whole or in part by any act or omission, whether active or passive, of the Grantee, or anyone directly or indirectly employed by Grantee. The parties expressly agree that any payment, attorney's fee, cost or expense Grantor incurs or makes to or on behalf of an injured employee under its self-administered workers' compensation program in carrying out Grantor's obligations as set forth in this Grant Agreement is included as a loss, expense or cost for purposes of this section. Grantee's obligation to defend, indemnify and hold Grantor and the City of Redwood City, its officers, employees and agents harmless under the provisions of this section is not limited to or restricted by any requirements in this Grant Agreement for Grantee to procure and maintain a policy of insurance. The provisions of this section shall survive the expiration or early termination of this Grant Agreement. 9. INDEPENDENT CONTRACTOR. All acts of Grantee and all others acting on behalf of Grantee relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of Grantor. Grantee, by virtue of this Agreement, has no authority to bind or incur any A TTY /AGR/2006.015 041906 4 "--.-- ._-'---" --.,- - - -