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losses, damages, claims, costs, penalties, liabilities, and expenses arising or incurred because of, incident to, or otherwise with <br />respect to any such taxes or fees. Neither Contractor nor its employees, agents, or representatives shall be considered employees, <br />agents, or representatives of the State. The State and Contractor shall evaluate the nature of services and term negotiated in order <br />to determine "independent contractor" status and shall monitor the work relationship throughout the term of the Contract to <br />ensure that the independent contractor relationship remains as such. To assist in determining the appropriate status (employee or <br />independent contractor), Contractor represents as follows: <br /> Contractor's Initials <br /> YES NO <br />1. Does the Contracting Agency have the right to require control of when, where n <br /> and how the independent contractor is to work? <br />2. Will the Contracting Agency be providing training to the independent <br />t <br />t <br />? <br /> <br />C <br />P <br /> con <br />rac <br />or U <br />- <br />3. Will the Contracting Agency be furnishing the independent contractor with <br /> worker's space, equipment, tools, supplies or travel expenses? <br />4. Are any of the workers who assist the independent contractor in performance of <br /> his/her duties employees of the State ofNevada? <br />5. Does the arrangement with the independent contractor contemplate continuing - n <br /> or recurring work (even if the services are seasonal, part-time, or of short <br /> duration)? <br />6. Will the State of Nevada incur an employment liability if the independent h <br />? <br /> contractor is terminated for failure to perform? F <br />- <br />7. Is the independent contractor restricted from offering his/her services to the <br /> general public while engaged in this work relationship with the State? (?{?? <br />16. INSURANCE SCHEDULE. Unless expressly waived in writing by the State, Contractor, as an independent contractor and <br />not an employee of the State, must carry policies of insurance in amounts specified in this Insurance Schedule and pay all <br />taxes and fees incident hereunto. The State shall have no liability except as specifically provided in the Contract. The <br />Contractor shall not commence work before: <br />1) Contractor has provided the required evidence of insurance to the Contracting Agency of the State, and <br />2) The State has approved the insurance policies provided by the Contractor. <br />Prior approval of the insurance policies by the State shall be a condition precedent to any payment of consideration under <br />this Contract and the State's approval of any changes to insurance coverage during the course of performance shall constitute <br />an ongoing condition subsequent this Contract. Any failure of the State to timely approve shall not constitute a waiver of the <br />condition. <br />Insurance Coveraee: The Contractor shall, at the Contractor's sole expense, procure, maintain and keep in force for the <br />duration of the Contract the following insurance conforming to the minimum requirements specified below. Unless <br />specifically specified herein or otherwise agreed to by the State, the required insurance shall be in effect prior to the <br />commencement of work by the Contractor and shall continue in force as appropriate until the latter of: <br />1. Final acceptance by the State of the completion of this Contract; or <br />2. Such time as the insurance is no longer required by the State under the terms of this Contract. <br />Any insurance or self-insurance available to the State shall be excess of and non-contributing with any insurance required <br />from Contractor. Contractor's insurance policies shall apply on a primary basis. Until such time as the insurance is no longer <br />required by the State, Contractor shall provide the State with renewal or replacement evidence of insurance no less than thirty <br />(30) days before the expiration or replacement of the required insurance. If at any time during the period when insurance is <br />required by the Contract, an insurer or surety shall fail to comply with the requirements of this Contract, as soon as Contractor <br />has knowledge of any such failure, Contractor shall immediately notify the State and immediately replace such insurance or bond <br />with an insurer meeting the requirements. <br />Workers' Compensation and Employer's Liability Insurance <br />1) Contractor shall provide proof of worker's compensation insurance as required of Nevada Revised Statutes <br />Chapters 616A through 616D inclusive. <br />Approved 05108101 <br />Revised 08103 <br />Page 4 of 8 <br />25K-24