7. DELAYS
The Contractor shall notify the college promptly, in writing, of any material delay in performance of said
contract and the reasons thereof. The Contractor shall not be liable for delays in performance due to
causes beyond its reasonable control, but will be liable for delays due to its fault or negligence. Both
parties agree that, if by reason of strike or other labor disputes, civil disorders, inclement weather, acts of
God, or other unavoidable cause, either party is unable to entirely perform its obligations, such
performance shall not be considered a breach of the contract.
8. GOVERNING LAW
Any resulting contract and all matters or issues related to it shall be governed by and shall be in
accordance with the laws of the state. If any provision of this proposal or contract as applied to either
party, or to any circumstance shall be adjudged by a court to be contrary to established provisions then
the contract shall be null and void.
9. HAZARDOUS WASTE GENERATION
In the event the Contractor produces "a hazardous waste" as defined by the Department of Natural
Resources Hazardous Waste Division of the State, then the Contractor shall be designated as the
"generator" of such waste. The liability of hazardous waste disposal shall rest with the Contractor and not
the college.
10. INDEMNIFICATION AND HOLD HARMLESS
The Contractor shall hold harmless and indemnify the College, its officers, agents and employees from
any loss, claim, damage, liability, injury, suit, action, recovery or judgment, including defense costs and
attorney's fees, of every nature and description arising out of the Contractor’s, its agents or employees
performance under the contract. The college shall notify the Contractor promptly in writing of any claim
or action brought against the college in connection with the contract. Upon such notification, the
Contractor shall promptly take over and defend any such claim or action. The College shall have the right
and option to select its own counsel in any such claim or action.
11. INDEPENDENT CONTRACTOR
All of the Contractor's employees furnishing or performing services under the contract shall be deemed
employees solely of the Contractor and shall not be deemed for any purposes whatsoever employees or
agents of, acting for or on behalf of, the college. The Contractor shall perform all services as an
independent Contractor and shall discharge all its liabilities as such. No acts performed or
representations made, whether oral or written by the Contractor with respect to third parties shall be
binding on the college.
12. INSURANCE
The Contractor shall at its sole expense, procure and maintain in force throughout the performance of the
contract, with duly qualified insurance carriers acceptable to the college, adequate insurance to protect
him from claims under workers' or workmen's compensation acts and other employee acts, claims for
damages because of bodily injury, including death, and from claims for damages to property which may
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