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With respect to third party claims against the Consultant, the Consultant waives any and all rights of any <br />type of expressed or implied indemnity against the Indemnitees. <br />Notwithstanding the forgoing, to the extent this Agreement is a uconstruction contract" as defined by <br />Califomia Civil Code section 2783, as may be amended from time to time, such duties of Consultant to <br />indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782, <br />Section 6. STATUS OF CONSULTANT. <br />6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall <br />be an independent contractor and shall not be an employee of City. City shall have the <br />right to control Consultant only insofar as the results of Consultant's services rendered <br />pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; <br />however, otherwise City shall not have the right to control the means by which Consultant <br />accomplishes services rendered pursuant to this Agreement. Notwithstanding any other <br />City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant <br />and any of its employees, agents, and subcontractors providing services under this <br />Agreement shall not qualify for or become entitled to, and hereby agree to waive any and <br />all claims to, any compensation, benefit, or any incident of employment by City, including <br />but not limited to eligibility to enroll in the Califomia Public Employees Retirement System <br />(PERS) as an employee of City and entitlement to any contribution to be paid by City for <br />employer contributions and/or employee contributions for PERS benefits. <br />6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no <br />authority, express or implied, to act on behalf of City in any capacity whatsoever as an <br />agent. Consultant shall have no authority, express or implied, pursuant to this Agreement <br />to bind City to any obligation whatsoever. <br />Section 7. LEGAL REQUIREMENTS. <br />7.1 Governing Law. The laws of the State of Califomia shall govern this Agreement. <br />7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with <br />all laws and regulations applicable to the performance of the work hereunder, including but <br />not limited to, the Califomia Building Code, the Americans with Disabilities Act, and any <br />copyright, patent or trademark law. Consultant's Failure to comply with any law(s) or <br />regulation(s) applicable to the performance of the work hereunder shall constitute a breach <br />of contract. <br />7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by <br />fiscal assistance from another governmental entity, Consultant and any subcontractors <br />shall comply with all applicable rules and regulations to which City is bound by the terms of <br />such fiscal assistance program. <br />Consulting Services Agreement between 593-52-121 <br />City of San Leandro and C+D Infrastructure Engineers Page 8 <br />