a.) Return of Documents. Professional acknowledges and agrees that all originals
and copies of records, reports, documents, lists, plans, memoranda, notes, and
other documentation related to the business of the Client containing Confidential
Information shall be the sole and exclusive property of the Client and shall be
returned to the Client upon termination of this Agreement or upon written request
of the Client.
b.) Injunction. Client agrees that it would be difficult to measure damage to the
Client's business from any breach by the Professional under this Section;
therefore, any monetary damages would be an inadequate remedy for such
breach. Accordingly, the Professional agrees that if he/she/they should breach
this Section, the Client shall be entitled to, in addition to all other remedies it may
have at law 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. Professional agrees that the termination of this Agreement shall not
release him/her/they from the obligations in this Section.
XI. Taxes. Professional 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, Professional shall pay all
applicable sales or use taxes on the labor provided and materials furnished or otherwise
required by law in connection with the Services performed.
XII. Independent Contractor Status. Professional acknowledges that he/she/they are
an independent contractor and not an agent, partner, joint venture, nor an employee of
the Client. Professional shall have no authority to bind or otherwise obligate the Client in
any manner, nor shall the Professional represent to anyone that it has a right to do so.
Professional further agrees that in the event the Client suffers any loss or damage as a
result of a violation of this provision, the Professional shall indemnify and hold harmless
the Client from any such loss or damage.
XIII. Safety. Professional shall, at his/her/their own expense, be solely responsible for
protecting its employees, sub-Professionals, material suppliers, and all other persons
from risk of death, injury or bodily harm arising from or in any way related to the
Services or the site where it is being performed (“Work Site”). In addition, Professional
agrees to act in accordance with the rules and regulations administered by federal law
and OSHA. Professional shall be solely responsible and liable for any penalties, fines,
or fees incurred.
XIV. Alcohol and Drugs. Professional agrees that the presence of alcohol and drugs
are prohibited on the Work Site and while performing their Services. If the Professional
or any of their agents, employees, or subcontractors are determined to be present or
with alcohol or drugs in their possession, this Agreement shall terminate immediately.
XV. 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 Professional or Client an
obligation after termination or expiration of this Agreement shall survive termination or
expiration hereof and be binding upon the Professional or Client.