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of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses or invitees of the City. IXI. Authority,to Contract 9.1 This Agreement was authorized by resolution of the City Council at its regularly scheduled meeting on the day of , 2024, authorizing the City Manager to execute the Agreement on behalf of the City. 9.2 This Agreement was entered into by Developer in its corporate capacity, and the person executing this Agreement on the behalf of Developer has the right and authority to so contract. 9.3 This Agreement shall constitute a valid and binding Agreement between the City and Developer when executed in accordance herewith. 9.4 Developer covenants and agrees that Developer is an independent contractor and not an officer, agent, servant or employee of City; that Developer shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of his officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Developer, his officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Developer. X. Le al 10.1 Amendment. No officer, official or agent of the City has the power to amend, modify or alter this Agreement or waive any of its conditions or to bind the City by making any promise or representation not contained herein. 10.2 Assignability. This Agreement, except by operation of law, shall not be assigned or transferred by Developer, without the prior written consent of City, which consent shall be at the sole discretion of the City. 10.3 Notice. Any written notice required or permitted under the terms of this Agreement shall be given and be deemed to have been duly served if either (1) delivered in person, or (2) deposited certified mail, return receipt requested, postage prepaid in the United States mail, addressed to the designated representative of the respective parties which are designated as follows: DEVELOPER: LT Wings, Inc.