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<br />3. INDEPENDENT CONTRACTOR <br /> <br />C')NTRACTOR will perform the services in CONTRACTOR'S own way as an <br />independent contractor and in pursuit of CONTRACTOR'S independent calling, and not <br />as an employee of RCSD. The persons used by CONTRACTOR to provide services <br />under this Agreement will not be considered employees of RCSD for any purposes. <br /> <br />4. LICENSES AND PERMITS <br /> <br />CONTRACTOR shall obtain and keep in force all licenses, permits, and certificates <br />necessary for the performance of this Agreement. <br /> <br />5. INSURANCE <br /> <br />CONTRACTOR understands the RCSD does not provide liability, malpractice, or <br />workers compensation insurance for the CONTRACTOR. The CONTRACTOR is <br />responsible for the maintenance of commercial general liability, automobile liability, and <br />workers compensation. The CONTRACTOR will provide proof of insurance or self- <br />insurance and will identify RCSD as an additional insured on the commercial general <br />liability and automobile liability policies. <br /> <br />6. WAIVER <br /> <br />No delay or omission by either party in exercising any right under this Agreement shall <br />operate as a waiver of that or any other right or prevent a similar subsequent act from <br />constituting a violation of the Agreement. <br /> <br />7. EQUAL EMPLOYMENT OPPORTUNITY <br /> <br />In connection with the performance of this Agreement, the CONTRACTOR shall not <br />discriminate against any employee or applicant for employment based on any <br />impermissible basis as set forth in applicable federal and state laws. <br /> <br />8. HOLD HARMLESS <br /> <br />CONTRACTOR agrees to indemnify and defend the RCSD, its officers, employees, <br />agents and assigns from and against all claims, damages, losses, expenses, costs, <br />attorneys' fees and liability arising out of or resulting from either (i) CONTRACTOR's <br />breach of its obligations under this contract or (ii) the negligence or willful misconduct of <br />the CONTRACTOR or its officers, employees or agents <br /> <br />Conversely, RCSD agrees to indemnify and defend the CONTRACTOR, its officers, <br />employees, agents and assigns from and against all claims, damages, losses, expenses, <br /> <br />A TrY lAG R/2007 .025 <br />061307 <br />