COMPLIANCE INFO_PRE 2019 - Laserfiche WebLink

Home Browse Search

10. INDEPENDENT CONTRACTOR. This Agreement does not establish NES as an employee, agent or legal representative of the Client for any purpose whatsoever, nor does it grant to NES any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of the Client or to bind the Client in any manner except as otherwise expressly provided herein. At all times,NES, in fulfilling its obligations and in rendering the services called for hereunder, shall be acting as an independent Contractor with respect to the Client. Nothing contained herein shall imply a joint venture,partnership or association between the parties. 11. APPLICABLE LAw. The validity,performance,and construction of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California,and NES and the Client consent to the exclusive venue and jurisdiction of the courts of the State of California located in Sacramento County, California, with respect to any cause of action or other legal proceeding arising from, relating to or in connection with this Agreement or the services performed by NES hereunder. 12. ATTORNEYS' FEES. In any action between the parties to this Agreement arising from, relating to or in connection with this Agreement, or the services provided by NES hereunder, the losing party shall pay to the prevailing party reasonable attorneys' fees, costs and expenses, court costs and other costs of action incurred in connection with the prosecution or defense of such action,whether or not the action is prosecuted to a final judgment. 13. NOTICES. All notices, requests, demands, instructions or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been fully given: (i) upon actual delivery, if delivered personally or by overnight delivery service; or (ii) three (3) business days after deposit in the U.S. Mail if mailed first-class, postage prepaid,registered or certified mail,return receipt requested, to the address set forth in the Letter of Agreement. Either party hereto may change the address to which such communications are to be directed by giving written notice to the other party of such change in the manner above provided. 14. TESTIMONY. If at any time during the term of this agreement or anytime thereafter, NES receives a subpoena to appear as a witness or to produce documents related to the services provided as a result of this agreement or if IVES is requested to participate or be present at a legal action such as but not limited to a deposition, arbitration, mediation or any other court ordered meeting related to this agreement,NES will notify Client. NES will appear or produce the specified documents listed in the subpoena unless the Client can successfully petition the court to negate the subpoena. In such cases, Client agrees to pay NES our expert witness rates as set forth in our current Schedule of Fees less any amounts paid to NES from an opposing attorney or opposing attorney's client for any services rendered. Testimony rates at deposition, trial, mediation or arbitration applies to office or courtroom waiting time as well as actual time testifying and will be billed at our expert witness rate. All other work or services, including but not limited to research, preparation, investigation, sampling, consulting and review of data or procedures or telephone call will be billed at our standard rates. 13. MISCELLANEOUS. This agreement constitutes the entire agreement and understanding between the parties with respect to the subject matters herein,and supersedes and replaces any prior agreements and understandings, whether oral or written, by and between them with respect to such matters. The provisions of this Agreement (including the scope of services to be performed by 3359002.233544.3 3