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4.3 This Agreement is non-exclusive to the extent that nothing herein shall be <br />construed to prevent the CITY from engaging other contractors, consultants or employees, <br />including building inspectors or examiners, for specific projects during the term of this Agreement. <br />4.4 In consideration of the BUILDING COMMISSIONER'S performance of <br />governmental functions, acting in the capacity of Building Commissioner, Class II Plans <br />Examiner, and otherwise acting within the scope of employment as the City's public official and <br />agent, and not as an independent contractor, the City shall consider the BUILDING <br />COMMISSIONER to be entitled to governmental immunity and the City shall provide for <br />liability insurance and defend the BUILDING COMMISSIONER from any and all claims that <br />arise from the performance of said duties herein. <br />SECTION 5. ACCEPTANCE OF OTHER EMPLOYMENT <br />5.1 The CITY does not prohibit the BUILDING COMMISSIONER from being <br />engaged by third parties to provide professional services within the City but, in such event, the <br />BUILDING COMMISSIONER cannot perfarm the duties of building official as required herein <br />and must comply with Ohio Board of Building Standard requirements for back-up plans <br />examination. Furthermore, BUILDING COMMISSIONER shall at all times comply with R.C. <br />§ 102, Public Officers - Ethics; O.A.C. §4101:7-3-01, Conflict of Interest and North Olmsted <br />Codified Ordinance Chapter 107, Code of Ethics. <br />SECTION 6. DISPUTES <br />6.1 Except as this Agreement otherwise provides, all claims, counterclaims, disputes <br />and other matters in question between the CITY and the BUILDING COMMISSIONER or <br />relating to this Agreement or the breach of it will be decided by mediation if the parties hereto <br />mutually agree, or in a court of competent jurisdiction within the State of Ohio, County of <br />Cuyahoga. <br />SECTION 7. TERMINATION OF AGREEMENT <br />7.1 It is expressly understood and agreed that either the CITY or BUILDING <br />COMMISSIONER may terminate this Agreement at any time by giving 30 days advance written <br />notice to the other party either personally to the representative of that party who signed this <br />6