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INDEPENDENT CONTRACTOR AGREEMENT <br />BY AND BETWEEN <br />CITY OF LAKE ELMO <br />AND <br />NEXT GENESIS <br />1.0 PARTIES. THIS INDEPENDENT CONTRACTOR AGREEMENT (this <br />"Contract") is dated the 3rd day of January, 2006 and is made and entered into <br />by and between the CITY OF LAKE ELMO, a Minnesota statutory city (the "City") <br />and NEXT GENESIS. <br />2.0 COMPUTER EQUIPMENT. The City is the owner or lessee of certain computer <br />equipment described on Exhibit "A" attached and incorporated ("Computer <br />Equipment"). <br />3.0 SERVICES TO PROVIDED. NEXT GENESIS agrees to provide maintenance <br />service for the Computer Equipment during the term of this Contract. The <br />maintenance service includes: <br />A. Regular preventive maintenance as required, but not less than once every <br />(3) Three Months. <br />B. Unscheduled service calls, as required; and <br />C. Repairs or replacement of maintenance parts as required to keep the <br />Computer Equipment in good working order. <br />4.0 EXCLUSIONS. The maintenance service provided in accordance with this <br />Contract shall not include: <br />A. Work external to the computer; <br />B. Service, repair or replacement of parts caused by the City's negligent, <br />accident, misuse or movement of the computer, including power failures, <br />environmental conditions or other causes not attributed to the Computer <br />Equipment itself; <br />C. Moving, modifying or attaching other devices to the Computer Equipment; <br />D. Replacement of consumable items, such as ribbons, paper, and disks; <br />E. Service required due to attachments of other devices to the Computer <br />Equipment; and <br />