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ACQUISITION SOFTWARE
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ACQUISITION SOFTWARE
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3/1/2019 1:13:36 PM
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Agenda
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3/7/2019
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9. RELATIONSHIP OF THE PARTIES <br />The relationship of the parties to this Agreement shall be that of independent <br />contractors, and that in no event shall Consultant be considered an officer, <br />agent, servant, or employee of the District. The Consultant shall be solely <br />responsible for any workers compensation insurance, withholding taxes, <br />unemployment insurance, and any other employer obligations associated with <br />the described work. <br />10. CORRECTIONS <br />In addition to the above indemnification obligations, the Consultant shall <br />correct, at its expense, all errors in the work, which may be disclosed during <br />the District's review of the Consultant's report or plans. Should Consultant <br />fail to make such correction in a reasonably timely manner, such correction <br />shall be made by the District and the cost thereof shall be charged to <br />Consultant. <br />11. TERMINATION BY DISTRICT <br />The District, by notifying Consultant in writing, may upon ten calendar days <br />notice, terminate any portion or all of the services agreed to be performed under this <br />Agreement. In the event of such termination, Consultant shall have the right and <br />obligation to immediately assemble work in progress for the purpose of <br />closing out the job. All compensation for actual work performed and charges <br />outstanding at the time of termination shall be payable by District to Consultant <br />within 30 days following submission of a final statement by Consultant. <br />12. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES R9L9ASE <br />The acceptance by Consultant of the final payment made under this <br />Agreement shall operate as, and be a release of, the District from all claims <br />and liabilities for compensation to Consultant for anything done, furnished, or <br />relating to Consultant's work or services. Acceptance of payment shall be <br />any negotiation of District's check or the failure to make a written extra <br />compensation claim within ten (10) calendar days of the receipt of that check. <br />However, approval or payment by the District shall not constitute, nor be <br />deemed, a release of the responsibility and liability of Consultant, its <br />employees, subcontractors, agents, and consultants for the accuracy and <br />competency of the information provided and/or work performed; nor shall <br />such approval or payment be deemed to be an assumption of such <br />responsibility or liability by the District for any defect or error in the work <br />prepared by Consultant, its employees, subcontractors, agents, and <br />consultants. <br />13. AUDIT OF RECORDS <br />
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