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11 <br />Party waives the right to sue any other Party for any workers’ compensation <br />benefits paid to its own employee or volunteer or their dependents. <br /> <br />9.5 Provider Responsible for Own Equipment-Except as expressly provided herein, <br />each Party shall be responsible for damages to or loss of its own equipment. <br />Except as expressly provided herein, each Party waives the right to sue any other <br />Party for any damages to, or loss of its equipment. <br /> <br />9.6 Provider Rendering First Aid-Except for immediate first aid rendered by a Provider <br />at the scene of an accident or occurrence, no other medical assistance, expenses or <br />aid is covered under the Policy. <br /> <br />10. INDEPENDENT CONTRACTORS <br /> <br /> Each Provider in its relationship with the City under this Agreement is an <br />independent contractor. No Provider, its Licensed Peace Officers or other law <br />enforcement resources shall be considered an employee of the City. The City, its <br />Licensed Peace Officers or other law enforcement resources shall not be <br />considered employees of the Provider. <br /> <br />11. SUBCONTRACTING <br /> <br /> The City and Provider agree that no Services will be subcontracted and agree not <br />to enter into any subcontracts to provide any Services under this Agreement. <br /> <br />12. ASSIGNMENT <br /> <br /> Neither the City nor the Provider will assign or transfer any interest in this <br />Agreement without the consent of the other Party. <br /> <br />13. DISPUTE RESOLUTION <br /> <br /> The City and the Provider each agree to cooperate and negotiate in good faith to <br />resolve any disputes that arise regarding the terms of this Agreement and the <br />performance of the Services. If good faith negotiations fail to resolve a dispute, <br />then the Parties will use mediation services to attempt to resolve the dispute. <br />The City and Provider will equally share the expense of the mediator. <br /> <br /> The Parties will select a mediator by each submitting three names in rank order of <br />preference to the other Party. If there is no common name on each Party’s list, <br />then a neutral, third party, law enforcement representative that is not a party to <br />this Agreement will select a mediator for the Parties. If mediation fails to resolve <br />a dispute between Parties, then the Parties will resolve the dispute through <br />litigation. <br /> <br />101