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8-40-202(2)(a) and 8-70-115(1)(b), the Independent Contractor represents that the Independent <br />Contractor is customarily engaged in an independent trade, occupation, profession or business related to <br />the services the Independent Contractor will perform for the District. <br />4. INSURANCE. <br />a. No Insurance Through the District. The Parties acknowledge and agree that the District <br />will not include the Independent Contractor as an insured under any policy the District has for itself, <br />including, without limitation, any liability, life, collision, comprehensive, health, medical, workers' <br />compensation or unemployment compensation insurance policy. <br />b. Independent Contractor to Obtain, Maintain and Manage Workers' Compensation and <br />Unemployment Compensation Insurance for its Employees. The Independent Contractor shall have in <br />place on the effective date of this Agreement and shall maintain during the term of this Agreement <br />workers' compensation insurance and unemployment compensation insurance covering each of the <br />Independent Contractor's employees who provides any services or products to the District or related to <br />this Agreement (the Independent Contractor's "Employees"), unless the same are exempt from such <br />requirements. The Independent Contractor will be solely responsible for managing, and, consistent with <br />the indemnification provision in Paragraph 6, will be solely liable for any damages or award and will <br />defend and indemnify the District with regard to, any occupational injury claim or unemployment claim, <br />appeal or related proceeding brought by or on behalf of any Employee of the Independent Contractor. <br />The Independent Contractor must provide proof reasonably satisfactory to the District and its insurers <br />that the Independent Contractor has workers' compensation insurance and unemployment compensation <br />insurance policies in place providing the required coverage for the Independent Contractor's Employees, <br />or that the Independent Contractor is exempt from such requirements. <br />5. NO WITHHOLDINGS OR BENEFITS. As provided in C.R.S. §§ 8-40-202(2)(b)(M <br />and 8-70-115(2), the Independent Contractor expressly agrees that, as an independent contractor, <br />the Independent Contractor, its agents or employees are not entitled to any employee benefits <br />from the District, including, but not limited to, any employer withholdings or liability for: taxes, <br />FICA, Medicare or Medicaid; medical or disability insurance; vacation or leave; pension; <br />unemployment insurance; or worker's compensation insurance (collectively, "Employee <br />Benefits"). The Independent Contractor is obligated to pay federal and state income tax on any <br />moneys paid pursuant to the Parties' contractual relationship. <br />6. INDEMNIFICATION. To the maximum extent permitted by law: the Independent <br />Contractor waives all claims against the District, its directors, officers, agents and employees against all <br />loss, damage, expense or liability for any Employee Benefits; the Independent Contractor will defend <br />the District from any claim and will indemnify and hold harmless the District against any liability for <br />any Employee Benefits for the Independent Contractor imposed on the District; and the Independent <br />Contractor will reimburse the District for any award, judgment or fine against the District based on the <br />position the Independent Contractor was ever the District's employee, and all attorneys' fees and costs <br />the District reasonably incurs defending itself against any such liability. Further, this agreement to <br />indemnify and hold harmless shall extend to any and all expenses suffered by the District in dealing <br />3