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2. If the City of Cleveland is unable to or fails to purchase and provide the insurance coverage <br />described in Section XII of this Agreement in a timely manner; or <br />3. The Agency determines it does not have the resources available to participate in the RNC <br />event; or <br />4. Failure of the City of Cleveland to comply with or perform any material term, condition or <br />obligation contained in this Agreement and failure to cure such default within seven (7) calendar days <br />after the Agency provides the City of Cleveland with written notice of such failure. <br />5. If the City of Cleveland is unable to obtain the United States Bureau of Justice Assistance <br />grant referenced in Article VIII of this Agreement. <br />XIX. NOTIFICATION <br />Notices concerning the termination of this Agreement, alleged or actual violations of the <br />terms or conditions of this Agreement, and any and all other notices that may or should be given to <br />either party under this Agreement will be made to each party as follows: <br />City of Cleveland: Chief of Police, Cleveland Division of Police, 1300 Ontario Avenue, 91h Floor, <br />Cleveland, Ohio 44113; with a copy to Law Director, Department of Law, City of Cleveland, 601 <br />Lakeside Avenue, Room 601, Cleveland, Ohio 44114. <br />Aaencv: <br />XX. RECORDS AND DISSEMINATION OF INFORMATION <br />A. Agency agrees to provide prior notice to the City of Cleveland of any request for and /or <br />release, transmission, or disclosure of information associated with or generated as a result of the <br />work performed under this Agreement. <br />B. In the event of the need for personnel or other records in criminal and /or civil <br />proceedings, the Agency agrees to provide such records as requested. <br />XXI. INDEPENDENT CONTRACTOR <br />A. It is not intended, nor shall it be construed, that any party or any officer, employee, or <br />agent of the Agency is an officer, employee, loaned employee, or agent of the City for purposes of <br />unemployment compensation, workers' compensation, governmental immunity, civil rights, or for <br />any purpose whatsoever. Nothing contained in this Agreement shall be construed so as to find the <br />Agency or its employees to be employees of the City of Cleveland, and the Agency's employees shall <br />be entitled to none of the rights, privileges, or benefits of City of Cleveland employees. <br />B. Except to the extent covered by the insurance policy acquired by the City as referenced in <br />Section XII and the "not to exceed" compensation amount described in Section VII, Agency <br />acknowledges that it remains fully responsible for any and all obligations as the employer of its <br />personnel assigned to the RNC Event period including, but not limited to, responsibility for the <br />payment of the earnings, overtime earnings, withholdings, insurance coverage, workers' <br />compensation, death benefits, medical and legal indemnity where appropriate, and all other <br />requirements by law, regulations, ordinance or contract. <br />Page 11 of 13 <br />