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3. TERM `111is Agreement shall commence on the slate first written above and terminate on. September 30, 2016, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be in independent contractor and not an employee of the Authority. This Agreement is not intended nor shall it be oonstrued to create an employer-employee reladonship, a joint venture relationship, or to allow lire Authority to exercise_ discretion or control over the professional mariner in which Consultant perform the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a mummer consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemploymcirt insurance and similar taxes relating to employees and shall be responsible for all applicable withholding tales. 5. INSURANCE RESERVED Dire to the nature of the services provided hereunder, insurance is not required, 6. INDEMNIFICATION Each party agrees to and shall indemnify and hold Harmless rho other party, its okEcers, agents, employees, consultants, special counsel, and .representatives from liability: (1) for damages, just compensation, restitution, judicial or equitable relief arising out of third party claims for personal bodily bliury, including health, and claims for tangible property damage, which may arise from the direct or indirect operations of the indemnifying party or its contractors; subcontractors, agents, employees, or other persons acting on theh: behalf; and (2) from any third party claim that damages, just compensation, restitution; judicial or equitable relief is dire by reason of the terms of or effects arising .from this Agreement. This indemnity and hold harmless agreement applies to all third party claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by Terson of the terms of, or effects, arising from this Agreement. CON11DENTIALITY If Consultant receives from the Authority information which due to the nature of suoh information is reasonably understood to be confidential arxd/or proprietary, Consultant agrees tbat it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise thio same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic vrforrnation. Confidential information includes rot only written information, but also information transferred orally, visually, electronically, or by other means. Confidential .information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information ill' € (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (e) is in rightful possession of the Consultant without an obligation of conf dcii iatlity; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the Authority, SEA