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
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.
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 arise out of or result from the
Contractor's operations under the contract. This shall be evidenced by the Contractor providing the college with an
original policy or Certificate of Insurance. The policy shall provide a ten (10) calendar day prior written
notification to the college by the insurance carrier of any cancellation termination or restrictive amendment