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<br />5.1 MDC is, and shall be in the performance of all work, services and activities under <br />this Agreement, an independent contractor and not an employee, agent or <br />servant of the City. Nothing in this agreement shall be construed to create an <br />employment relationship between the City and any MDC employees. The City <br />shall not be responsible for any expense incurred by MDC, except for the <br />expenses completed under this agreement. <br /> <br />ARTICLE VI <br />CONSIDERATION <br /> <br />6.1 The City shall make payments to MDC based on the fees described in the <br />_ attached proposal. The final payment by the City shall be made to MDC upon <br />completion of the consulting and design services described in the attached <br />proposal. <br /> <br />ARTICLE VII <br />CLAIMS <br /> <br />7.1 Other than the warranties set forth in this Agreement, MDC does not make any <br />warranties to the City, or any other person or entity, either express or implied <br />(including, without limitation, any warranties of merchantability or fitness for a <br />particular purpose) with respect to their services provided hereunder. <br /> <br />7.2 Under no circumstances shall MDC's total liability to the City or any other person, <br />regardless of the nature of the claim or form of action (whether arising in <br />contract, tort, strict liability or otherwise), exceed the aggregate amount of fees <br />and revenue received by MDC hereunder for the prior 12 month period prior to <br />the initial date such claim arose. <br /> <br />ARTICLE VIII <br />TERM <br /> <br />8.1 This Agreement shall commence upon execution, and remain in effect through <br />completion of the services defined in the attached proposal. The Agreement <br />may be renewed in writing by the City, subject to the approval of MDC. The City <br />will notify MDC of their intent to renew the Agreement forty-five (45) days prior to <br />the end of the intial term. <br /> <br />3 <br /> <br />t <br />