9-21-20 BOC Regular Meeting - Laserfiche WebLink

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ARTICLE 7 Non-Appropriation of Funds Not-withstanding anything contained in the Agreement to the contrary, no default of the terms of the Agreement shall be deemed to have occurred if adequate funds are not appropriated by the County Board of Commissioners during a subsequent fiscal period during the term of the Agreement so as to enable the County to meet its obligations hereunder. In such event, the County will promptly notify the Contractor of the non-appropriation and the Agreement will be terminated at the end of the fiscal year for which the funds were appropriated. No act or omission by the County, which is attributable to non-appropriation of funds shall constitute a breach of or default under the Agreement. ARTICLE 8 Independent Contractor Both the County and the Contractor agree that the Contractor shall act as an independent contractor and shall not represent itself as an agent or employee of the County for any purpose in the performance of the Contractor's duties under this contract. Accordingly, the Contractor shall be responsible for payment of all Federal, State and local taxes arising out of the Contractor's activities in accordance with this contract, including by way of illustration but not limitation, Federal and State income tax, Social Security tax, Unemployment insurance taxes, and any other taxes or business license fees as required. In performing the services, the Contractor is acting as an independent contractor and shall perform services in accordance with currently approved methods and practice in the Contractor's professional capacity and in accordance with the standards of applicable professional organizations and licensing agencies. ARTICLE 9 Force Majeure: Neither party shall be liable for any delay in or inability to perform its obligations hereunder if immediate notice is given thereof and if the delay or inability is due to any event beyond the reasonable control of such party such as but not limited to, acts of God, fire, flood, storm, explosion, riot, war, strike, or other labor troubles, government orders or regulations or any other circumstances of a like or different nature. ARTICLE 10 Indemnification The Contractor will indemnify and hold harmless the County and all of its agents and employees from and against any and all claims, losses, damages, injuries, costs (including court costs and reasonable attorney's fees), charges, liabilities or exposure (collectively, "Losses"), however Page 3 of 9