CHAPMAN UNIVERSITY-2016 - Laserfiche WebLink

Home Browse Search

INDEPENDENT CONTRACTOR University shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship or to allow the City to exercise discretion or control over the professional manner in which University performs the services which are the subject matter of this Agreement: howeverr the, services to be provided by University shall be provided in a manner consistent with all applicable standards and regulations governing such services. University shall pay all salanc< and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS The University shall own, solely and exclusively, the copyright and all copyright rights lu any written or otherwise copyrightable material delivered to City under this Agreement. University hereby grants a non- exclusive and perpetual license to City to copy, use, modify and reuse, any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixoo in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to h prepared by University under this Agreement ( "Documents & Data "). University shall require a, subcontractors to agree in writing that City is granted a non - exclusive and perpetual license f;v any Documents & Data the subcontractor prepares under this Agreement. University represents and warrants that University has the legal right to license any and all Documents h Data. University makes no such representation and warranty in regard to Documents & Data which were provided to University by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. �ti5'itifi;74��L Prior to undertaking performance of work under this Agreement, University shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. University shall maintain commercial general liability insurance naming the City, its officers, employees, agents. volunteers and representatives as additional insured(s) and shall include, but no; be limited to protection against claims arising from bodily and personal injury. including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of University's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. University shall supply City with a fully executed additional insured endorsement in substantially the form as required on Exhibit C upon execution of this Agreement.