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0 0 BFI Medical Waste Systems of CA., Inc. General Terms and Conditions -10- INDEPENDENT ONTRACTOR Attachment B Contract Number MLT97000 All services provided by the Contractor under this contract shall be performed as an independent contractor. The Contractor shall be responsible for withholding all applicable employee taxes. Contractor, if a corporation, does certify under penalty of perjury that the corporation is currently in good standing with the Office of the Secretary of State and is qualified to do business in the State of California. DISCLOSURE Neither the State nor any State employee will be liable to the Contractor or its staff for injuries inflicted by inmates of the State. The State will agree to disclose to the Contractor any statements known to State staff made by any inmate which indicate violence may result in any specific situation, and the same responsibility will be shared by the Contractor in disclosing such statements to the State staff. When entering into a contract with a public purchasing body, the Contractor offers and agrees it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Contractor for sale to the purchasing body pursuant to the contract. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Contractor (Government Code Section 4552). If an awarding body or public purchasing body receives either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may upon demand, recover from the public body any portion of the recovery, damages, attributable to overcharges that were paid by the assignor but ee not pad bly the public body as apart of the contract price, less the expenses incurred in obtaining that portion of the recovery (Government Code Section 4553). Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action (Government Code Section 4554). Pursuant to California Revenue and Taxation Code Section 18806.1, the Contractor may be subject to a one (1) percent State Income Tax Withholding.