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iv. Agree to include all the terms of the State HHAP-2 Agreement in each <br />subcontract. <br />5. INDEPENDENT CONTRACTOR <br />Subcontractor shall, during the entire term of this .HHAP-2 Agreement, be constructed to <br />be an independent contractor and not an employee of the Contractor. This HHAP-2 Agreement <br />is not intended nor shall it be construed to create an employer -employee relationship, a joint <br />venture relationship, or to allow the Contractor to exercise discretion or control over the <br />professional manner in which Subcontractor performs the services which are the subject matter <br />of this HHAP-2 Agreement; however, the services to be provided by Subcontractor shall be <br />provided in a manner consistent with all applicable standards and regulations governing such <br />services. Subcontractor shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. <br />6. OWNERSHIP OF MATERIALS <br />This HHAP-2 Agreement creates a non-exclusive and perpetual license for Contractor to <br />copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual <br />property embodied in plans, specifications, studies, drawings, estimates, and other documents or <br />works of authorship fixed in any tangible medium of expression, including but not limited to, <br />physical drawings or data magnetically or otherwise recorded on computer diskettes, which are <br />prepared or caused to be prepared by Subcontractor under this HHAP-2 Agreement ("Documents <br />& Data"). Subcontractor shall require all subcontractors to agree in writing that Contractor is <br />granted a non-exclusive and perpetual license for any Documents & Data the subcontractor <br />prepares under this HHAP-2 Agreement. Subcontractor represents and warrants that <br />Subcontractor has the legal right to license any and all Documents & Data. Subcontractor makes <br />no such representation and warranty in regard to Documents & Data which were provided to <br />Subcontractor by the Contractor. Contractor shall not be limited in any way in its use of the <br />Documents and Data at any time, provided that any such use not within the purposes intended by <br />this HHAP-2 Agreement shall be at Contractor's sole risk. <br />7. INSURANCE <br />Subcontractor shall procure and maintain for the duration of the contract insurance <br />against claims for injuries to persons or damages to property which may arise from or in <br />connection with the performance of the work hereunder and the results of that work by the <br />Subcontractor, its agents, representatives, employees, or subcontractors. <br />a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as <br />broad as: <br />1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 <br />01 covering CGL on an "occurrence" basis, including products and completed <br />operations, property damage, bodily injury and personal & advertising injury <br />with limits no less than $2,000,000 per occurrence. If a general aggregate <br />