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This term of agreement shall be from April 1, 2011 to October 1, 2011 and is specifically limited <br />to coincide with the current budget time period and budget amount or upon satisfaction of the <br />termination provisions under the Scope of Work of this agreement. The IC will comply with a <br />final evaluation interview with evaluator (September) and brief final report. <br />COMPENSATION <br />The amount of this contract is $5,000 based on funding from NuPAC Obesity Prevention. Any <br />amount billed in excess of this amount will not be paid unless agreed upon by ONE OC in <br />advance. All equipment, tools, materials, supplies and travel are the responsibility of the IC and <br />there are no additional funds for the same. <br />TERMS OF PAYMENT <br />ONE OC shall pay IC $5,000 upon execution of the contract. <br />FEDERAL, STATE, AND LOCAL PAYROLL TAX <br />Neither federal, nor state, nor local income tax nor payroll taxes of any kind shall be withheld or <br />paid by ONE OC on behalf of the IC or the employees of IC. IC shall not be treated as an <br />employee with respect to the services performed hereunder for federal or state tax purposes. <br />Furthermore, to avoid conflict with federal or state regulations, IC will not be eligible for <br />employment with ONE OC within the same calendar year in which IC services are performed <br />under current contract, unless amended and approved by both ONE OC and IC. <br />FRINGE BENEFITS <br />Because IC is engaged in IC's own independent business, IC is not eligible for and shall not <br />participate in, any ONE OC pension, health, or other fringe benefit plans. <br />NOTICE TO IC REGARDING TAX DUTIES AND LIABILITIES <br />IC understands that IC is responsible to pay, according to law, IC's income taxes. If IC is not a <br />corporation, IC further understands that IC may be liable for self-employment (social security) <br />tax, to be paid by IC according to law. <br />CLIENT NOT RESPONSIBLE FOR WORKERS COMPENSATION <br />No workers compensation insur�lmce shall be obtained by ONE OC concerning IC or the <br />employees of IC. IC shall comply with the workers' compensation law concerning IC and <br />employees of IC. <br />TERMINATION WITHOUT CAUSE <br />Without cause, either party may terminate this agreement giving 30 days prior written notice to <br />the other of intent to terminate without cause. The parties shall deal with each other in good <br />faith during the 30 day period after any notice of intent to terminate without cause. <br />NON -WAIVER <br />Failure of either party to exercise any of its rights under this agreement for a breach thereof shall <br />not be deemed to be a waiver of such rights or a waiver of any subsequent breach. <br />211'<a f <br />