or equity, to an injunction or other appropriate orders to restrain any such breach,
without showing or proving actual damages sustained by the Client
c.) No Release. Cleaner agrees that the termination of this Agreement shall not
release him/her/they from the obligations in this Section.
X. Taxes. Cleaner shall pay and be solely responsible for all withholdings, including, but
not limited to, Social Security, State unemployment, State and Federal income taxes,
and any other obligations. In addition, Cleaner shall pay all applicable sales or use
taxes on labor provided and materials furnished or otherwise required by law in
connection with the Duties performed.
XI. Independent Contractor Status. Cleaner acknowledges that he/she/they are an
independent contractor and is not an agent, partner, joint venture, nor employee of the
Client. Cleaner shall have no authority to bind or otherwise obligate the Client in any
manner nor shall the Cleaner represent to anyone that it has a right to do so. Cleaner
further agrees that in the event that the Client suffers any loss or damage as a result of
a violation of this provision the Cleaner shall indemnify and hold harmless the Client
from any such loss or damage.
XII. Safety. Cleaner shall, at his/her/their own expense, be solely responsible for
protecting its employees, sub-Cleaners, material suppliers, and all other persons from
risk of death, injury or bodily harm arising from or in any way related to the Duties or the
site where it is being performed (“Work Site”). In addition, Cleaner agrees to always act
in accordance with the rules and regulations administered by federal law and OSHA.
Cleaner shall be solely responsible and liable for any penalties, fines, or fees incurred.
XIII. Alcohol and Drugs. Cleaner agrees that the presence of alcohol and drugs are
prohibited while performing the Duties and on the Work Site. If the Cleaner, or any of
their agents, employees, or sub-Cleaners are determined to be present or with alcohol
or drugs in their possession this Agreement shall terminate immediately.
XIV. Successors and Assigns. The provisions of this Agreement shall be binding upon
and inured to the benefit of heirs, personal representatives, successors and assigns of
the Parties. Any provision hereof which imposes upon the Cleaner or Client an
obligation after termination or expiration of this Agreement shall survive termination or
expiration hereof and be binding upon the Cleaner or Client.
XV. Default. In the event of default under this Agreement, the defaulted Party shall
reimburse the non-defaulting Party or Parties for all costs and expenses reasonably
incurred by the non-defaulting Party or Parties in connection with the default, including
without limitation, attorney’s fees. Additionally, in the event a suit or action is filed to
enforce this Agreement or with respect to this Agreement, the prevailing Party or Parties
shall be reimbursed by the other Party for all costs and expenses incurred in connection
with the suit or action, including without limitation, reasonable attorney’s fees at the trial
level and on appeal.