|
of the Independent Contractor, unless otherwise specifically noted in an agreement signed by all parties.
<br />NOTICES
<br />Any and all notices, which may be required hereunder by any party to the other party, shall be executed by
<br />either personal delivery in writing, or by mail, registered or certified, postage pre -paid with a return receipt
<br />requested. Mailed notices must be addressed to the parties at the addresses herein contained in this
<br />Agreement. However, each party may change their address, thus requiring written notice of such change of
<br />address in accordance with this section. Any hand delivered notice shall be deemed communicated as of
<br />actual receipt; mailed notices shall be deemed communicated after five (5) days of mailing. The Independent
<br />Contractor herein agrees to keep the Company informed of any change of'business and/or mailing addresses,
<br />as well as telephone, facsimile, email, pager number or any other relevant means of contact and
<br />communication.
<br />INJUNCTIVE RELIEF
<br />The Independent Contractor herein acknowledges (1) the unique nature of the protections and provisions
<br />established and contained within this Agreement, (2) that the Company shall suffer irreparable harp it' the
<br />hndependent Contractor should breach any of said protections or provisions, and (3) that monetary damages
<br />would be inadequate to compensate the Company for said breach. Therefore, should the independent
<br />Contractor cause a breach of any of the provisions contained within this Agreement, and then the Company
<br />shall be entitled to injunctive relief, in addition to any other remedies at law or equity, to enforce such
<br />provisions.
<br />INDEMNIFICATION
<br />The Independent Contractor shall defend, indemnify, hold harmless, and insure the Company front any and
<br />all potential damages, expenses or liabilities which may result from or arise out of any negligence or
<br />misconduct on part of the Independent Contractor, or from any breach or default of this Agreement which
<br />may be caused or occasioned by the acts of the Independent Contractor. The Independent Contractor shall
<br />also insure that all of its employees and affiliates take all actions necessary to comply with all herein contained
<br />terms and conditions established and set forth in this Agreement.
<br />ENTIRE AGREEMENT
<br />This Agreement shall be considered a separate and an independent document of which it shall Supersede any
<br />and all other Agreements, either oral or written, betNveen the parties hereto, except for any separately signed
<br />Confidentiality, Trade Secret, Non - Compete or Non- DISCIOSnre Agreements to the extent that these terms are
<br />not in conflict with those set forth herein.
<br />REPRESENTATION
<br />All parties to this Agreement herein acknowledges that no representation, inducements, promises or other
<br />agreements, orally or otherwise, have been made by any party hereto, or by anyone action on behalf of any
<br />party hereto, which arc not included herein, and that no other agreement, statement or promise not contained
<br />within this Agreement shall be valid or binding. Any alteration or modification of m
<br />this Agreeent shall be
<br />effective only when done so in writing, signed and dated by all parties hereto.
<br />SEVERABILITY
<br />Should any tern, condition, or provision of this Agreement be deemed or held to be invalid or unenforceable
<br />for any reason, those remaining ternts, conditions and provisions shall remain valid and enforceable. Should a
<br />court of law determine that any term, condition or provision of this Agreement is invalid or unenforceable, but
<br />that by limiting such term, condition or provision it would become valid and enforceable, then such term,
<br />condition and/or provision shall be deemed to be written, construed and enforced as so limited.
<br />CONTINUING EFFECTS
<br />
|