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r 8. Invoicing: CONSULTANT shall submit one original and one copy of each invoice to County of San Joaquin, Community Development Department. All invoices must reference this Agreement Number/Contract ID # and the service performed. Payments shall be made within 30 days of receipt of invoice from CONSULTANT. 9. CONSULTANT'S Status: In the performance of work, duties and obligations imposed by this Agreement, the CONSULTANT is at all times acting as an Independent Contractor practicing his or her profession and not as an employee of the COUNTY. A copy of CONSULTANT'S current professional, local, state or other business licenses required to conduct the services stated herein, will be provided to COUNTY. The CONSULTANT shall not have any claim under this Agreement or otherwise against the COUNTY for vacation, sick leave, retirement benefits, social security or workers' compensation benefits. The CONSULTANT shall be responsible for federal and state payroll taxes such as social security and unemployment. COUNTY will issue a Form 1099 at year-end for fees earned. 10. Assignments: Inasmuch as this Agreement is intended to secure the specialized services of the CONSULTANT, CONSULTANT may not assign, transfer, delegate or subcontract their obligation herein without the prior written consent of San Joaquin County. Any such assignment, transfer, delegation or subcontract without the prior written consent shall be considered null and void. 11. Non Exclusive Rights: This Agreement does not grant to CONSULTANT any exclusive privileges or rights to provide services to COUNTY. CONSULTANT may contract with other counties, private companies or individuals for similar services. 12. Indemnification: CONSULTANT shall, at its expense, defend, indemnify and hold harmless the County of San Joaquin and its employees, officers, directors, contractors and agents from and against any losses, liabilities, damages, penalties, costs, fees, including without limitation ,reasonable attorneys' fees, and expenses from any claim or action, including without limitation for bodily injury or death, to the extent caused by or arising from the active and/or passive negligence or willful misconduct of CONSULTANT, its employees, officers, agents or Subcontractors. CONSULTANT shall hold the COUNTY, its officers and employees, harmless from liability, of any nature or kind on account of use of any copyrighted, or un- copyrighted composition, secret process, patented or un-patented invention articles or appliance furnished or used under this order. 5 of 9