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F. Service required due to the use of devices or materials which are not <br />suitable for use with the Computer Equipment. <br />5.0 CITY RESPONSIBILITIES. The City shall: <br />A. Provide a clean operating environment of suitable temperature and <br />humidity for the Computer Equipment; <br />B. Use only attachments and supplies which are compatible and suitable for <br />use with the Computer Equipment; <br />C. Notify NEXT GENESIS of any computer malfunction requiring service; <br />D. Allow NEXT GENESIS to have free and full access to the Computer <br />Equipment in order to provide service; and <br />E. Arrange to have a City representative present while the Computer <br />Equipment is being serviced. <br />6.0 FEES. The City agrees to pay NEXT GENESIS the sum of $75.00 per 1/Hour <br />services provided in this Contract. The payments will be made within thirty (30) <br />days of receipt of an invoice from NEXT GENESIS. <br />7.0 TIME FOR SERVICE. NEXT GENESIS agrees to provide service in accordance <br />with this Contract during normal working hours. <br />8.0 LIMITATION OF LIABILITY. NEXT GENESIS' liability shall be limited to <br />servicing the Computer Equipment in accordance with this Contract. NEXT <br />GENESIS will not be liable for any consequential or special damages. <br />9.0 INDEPENDENT CONTRACTOR, NEXT GENESIS shall act as an independent <br />contractor in the performance of his duties under this Contract. Accordingly, <br />NEXT GENESIS shall be responsible for payment of all taxes, including federal, <br />state and local taxes arising out of services rendered by NEXT GENESIS <br />pursuant to this Contract, including by way of illustration, but not limitation, <br />federal and state income tax, social security tax, unemployment insurance taxes <br />and any other taxes or business license fees as required. <br />10.0 TERM AND TERMINATION OF CONTRACT. This Contract is effective <br />beginning the 3rd day of January, 2006, and shall remain in effect until it is <br />terminated. Either party may cancel this Contract upon thirty (30) days written <br />notice to the other. <br />