Common use of Both Parties agree Clause in Contracts

Both Parties agree. 1. The parties hereby acknowledge that they are independent contractors, and neither University of Florida nor any of its agents, representatives, students, or employees shall be considered agents, representatives, or employees of Interpreter. In no event shall this MOA be construed as establishing a partnership or joint venture or similar relationship between the parties. University of Florida shall be liable for its own debts, obligations, acts and omissions, including the payment of all required withholding, social security and other taxes or benefits. No party shall have the right or authority nor hold itself out to have the right or authority to bind another party and neither shall either Party be responsible for the acts or omissions of the other except as provided specifically to the contrary herein. 2. Nothing in this MOA, express or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the parties hereto and their respective successors or assigns, any remedy or claim under or by reason of this MOA, or any term, covenant or condition hereof, as third party beneficiaries or otherwise, and all of the terms, covenants and conditions hereof shall be for the sole and exclusive benefit of the parties hereto and their permitted successors and assigns. 3. Upon execution of the MOA, UF NCES shall list the Interpreter as an authorized Part C Interpreter and shall make payments to Interpreter as specified in Section IV of this MOA. Payment is contingent upon continued funding under the Prime Contract between the University of Florida and the FLDOH-CMS. 4. Should funds for the Prime Contract become unavailable, UF NCES will provide written notice of termination to Interpreter by certified mail, return receipt requested, within twenty-four (24) hours (or next business day) of receiving notification from FLDOH-CMS. 5. Unless the Interpreter’s breach is waived by the UF NCES in writing, UF NCES may, by written notice to the Interpreter, terminate this MOA after no less than twenty-four (24) hours’ notice. Said notice shall be delivered by certified mail, return receipt requested or in person, with proof of delivery. Waiver of breach of any provision of this MOA shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this MOA. 6. This MOA is effective upon the signature of both parties and will expire on June 30, 2022. Notwithstanding Sections IV.4 or IV.5 above, this MOA may be terminated by either party upon thirty (30) days written notice. Notification of termination to the Interpreter will be sent by certified mail to the name on Page 1 of this MOA. Notification of termination to Early Steps must be sent to: 7. This MOA and its accompanying exhibits, if any, sets forth the entire MOA with respect to the subject matter hereof, and supersedes any prior agreements, oral or written, and all other communications between the parties related to such subject matter. This MOA shall not be modified or amended except by mutual written agreement. All continuing covenants, duties, and obligations shall survive the expiration or termination of this MOA. No other terms or conditions shall be valid and binding on the parties unless reduced to writing and executed by the parties. 8. To the extent that the State of Florida, on behalf of the Board of Trustees, has partially waived its immunity to tort claims and is vicariously responsible for the negligent acts and omissions of its employees and agents as prescribed by Section 768.28, Florida Statutes, University of Florida and its employees are protected for a claim or judgment by any one person in a sum not exceeding Two Hundred Thousand Dollars ($200,000.00), and for total claims or judgments arising out of the same incident or occurrence in a total amount not exceeding Three Hundred Thousand Dollars ($300,000.00), such protection being provided by the University of Florida J. Xxxxxx Xxxxxx Health Center Self-Insurance Program, a self-insurance program created pursuant to the authority of Section 1004.24, Florida Statutes. Employees and agents of University of Florida are not individually subject to actions arising from their State functions. Any damages allocated against the Board of Trustees as prescribed by Section 768.81, Florida Statutes, are not subject to reallocation under the doctrine of joint-and-several liability to codefendants of the Board of Trustees in professional liability actions (see Section 766.112(2), of the Florida Statutes). The sole remedy available to a claimant to collect damages allocated to the Board of Trustees is as described in Section 768.28, Florida Statutes. All liability protection described in this Section is on an “occurrence” basis. The University of Florida J. Xxxxxx Xxxxxx Health Center Self-Insurance Program provides ongoing protection with no expiration. 9. Each party to this MOA agrees to be fully responsible for its acts of negligence, or its agents' acts of negligence when acting within the scope of employment or agency and agrees to be liable for any damage resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by the University of Florida Board of Trustees, School, and/or the Florida Board of Governors. Nothing herein shall be construed as consent by a state agency, public body corporate, or political subdivision of the State of Florida to be sued in any matter arising out of any contract by a party or parties whose legal signature is not indicated on this MOA. 10. This MOA shall be construed, and the rights and liabilities of the parties hereto determined, in accordance with the laws of the State of Florida; provided however, that the conflicts of law principles of the State of Florida shall not apply to the extent that they would operate to apply the laws of another state. Venue shall lie in Alachua County, Florida.

Both Parties agree. 1. The parties hereby acknowledge that they are independent contractors, and neither University of Florida nor any of its agents, representatives, students, or employees shall be considered agents, representatives, or employees of Interpreter. In no event shall this MOA be construed as establishing a partnership or joint venture or similar relationship between the parties. University of Florida shall be liable for its own debts, obligations, acts and omissions, including the payment of all required withholding, social security and other taxes or benefits. No party shall have the right or authority nor hold itself out to have the right or authority to bind another party and neither shall either Party be responsible for the acts or omissions of the other except as provided specifically to the contrary herein. 2. Nothing in this MOA, express or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the parties hereto and their respective successors or assigns, any remedy or claim under or by reason of this MOA, or any term, covenant or condition hereof, as third third-party beneficiaries or otherwise, and all of the terms, covenants and conditions hereof shall be for the sole and exclusive benefit of the parties hereto and their permitted successors and assigns. 3. Upon execution of the MOA, UF NCES shall list the Interpreter as an authorized Part C Interpreter and shall make payments to Interpreter as specified in Section IV of this MOA. Payment is contingent upon continued funding under the Prime Contract between the University of Florida and the FLDOH-CMS. 4. Should funds for the Prime Contract become unavailable, UF NCES will provide written notice of termination to Interpreter by certified mail, return receipt requested, within twenty-four (24) hours (or next business day) of receiving notification from FLDOH-CMS. 5. Unless the Interpreter’s breach is waived by the UF NCES in writing, UF NCES may, by written notice to the Interpreter, terminate this MOA after no less than twenty-four (24) hours’ notice. Said notice shall be delivered by certified mail, return receipt requested or in person, with proof of delivery. Waiver of breach of any provision of this MOA shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this MOA. 6. This MOA is effective upon the signature of both parties and will expire on June 30, 20222025. Notwithstanding Sections IV.4 or IV.5 above, this MOA may be terminated by either party upon thirty (30) days written notice. Notification of termination to the Interpreter will be sent by certified mail to the name on Page 1 of this MOA. Notification of termination to Early Steps must be sent to: 7. This MOA and its accompanying exhibits, if any, sets forth the entire MOA with respect to the subject matter hereof, and supersedes any prior agreements, oral or written, and all other communications between the parties related to such subject matter. This MOA shall not be modified or amended except by mutual written agreement. All continuing covenants, duties, and obligations shall survive the expiration or termination of this MOA. No other terms or conditions shall be valid and binding on the parties unless reduced to writing and executed by the parties. 8. To the extent that the State of Florida, on behalf of the Board of Trustees, has partially waived its immunity to tort claims and is vicariously responsible for the negligent acts and omissions of its employees and agents as prescribed by Section 768.28, Florida Statutes, University of Florida and its employees are protected for a claim or judgment by any one person in a sum not exceeding Two Hundred Thousand Dollars ($200,000.00), and for total claims or judgments arising out of the same incident or occurrence in a total amount not exceeding Three Hundred Thousand Dollars ($300,000.00), such protection being provided by the University of Florida J. Xxxxxx Xxxxxx Health Center Self-Insurance Program, a self-insurance program created pursuant to the authority of Section 1004.24, Florida Statutes. Employees and agents of University of Florida are not individually subject to actions arising from their State functions. Any damages allocated against the Board of Trustees as prescribed by Section 768.81, Florida Statutes, are not subject to reallocation under the doctrine of joint-and-several liability to codefendants of the Board of Trustees in professional liability actions (see Section 766.112(2), of the Florida Statutes). The sole remedy available to a claimant to collect damages allocated to the Board of Trustees is as described in Section 768.28, Florida Statutes. All liability protection described in this Section is on an “occurrence” basis. The University of Florida J. Xxxxxx Xxxxxx Health Center Self-Insurance Program provides ongoing protection with no expiration. 9. Each party to this MOA agrees to be fully responsible for its acts of negligence, or its agents' acts of negligence when acting within the scope of employment or agency and agrees to be liable for any damage resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by the University of Florida Board of Trustees, School, and/or the Florida Board of Governors. Nothing herein shall be construed as consent by a state agency, public body corporate, or political subdivision of the State of Florida to be sued in any matter arising out of any contract by a party or parties whose legal signature is not indicated on this MOA. 10. This MOA shall be construed, and the rights and liabilities of the parties hereto determined, in accordance with the laws of the State of Florida; provided however, that the conflicts of law principles of the State of Florida shall not apply to the extent that they would operate to apply the laws of another state. Venue shall lie in Alachua County, Florida.. The University of Florida Board of Trustees For the benefit of the North Central Early Steps of the Department of Pediatrics, College of Medicine, University of Florida Interpreter By: By: Xxxxxx X. Xxxxx, MD, JD Date Name: Senior Associate Xxxx Title: College of Medicine Date: University of Florida Interpreter Business/Legal Name: (If individual, please print name) FEI/EIN Number (if an agency or business) Billing Contact: Billing Address: Email:

Both Parties agree. 1. The parties hereby acknowledge that they are independent contractors, and neither University of Florida nor any of its agents, representatives, students, or employees shall be considered agents, representatives, or employees of Interpreter. In no event shall this MOA be construed as establishing a partnership or joint venture or similar relationship between the parties. University of Florida shall be liable for its own debts, obligations, acts and omissions, including the payment of all required withholding, social security and other taxes or benefits. No party shall have the right or authority nor hold itself out to have the right or authority to bind another party and neither shall either Party be responsible for the acts or omissions of the other except as provided specifically to the contrary herein. 2. Nothing in this MOA, express or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the parties hereto and their respective successors or assigns, any remedy or claim under or by reason of this MOA, or any term, covenant or condition hereof, as third party beneficiaries or otherwise, and all of the terms, covenants and conditions hereof shall be for the sole and exclusive benefit of the parties hereto and their permitted successors and assigns. 3. Upon execution of the MOA, UF NCES shall list the Interpreter as an authorized Part C Interpreter and shall make payments to Interpreter as specified in Section IV of this MOA. Payment is contingent upon continued funding under the Prime Contract between the University of Florida and the FLDOH-CMS. 4. Should funds for the Prime Contract become unavailable, UF NCES will provide written notice of termination to Interpreter by certified mail, return receipt requested, within twenty-four (24) hours (or next business day) of receiving notification from FLDOH-CMS. 5. Unless the Interpreter’s breach is waived by the UF NCES in writing, UF NCES may, by written notice to the Interpreter, terminate this MOA after no less than twenty-four (24) hours’ notice. Said notice shall be delivered by certified mail, return receipt requested or in person, with proof of delivery. Waiver of breach of any provision of this MOA shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this MOA. 6. This MOA is effective upon the signature of both parties and will expire on June 30, 20222021. Notwithstanding Sections IV.4 or IV.5 above, this MOA may be terminated by either party upon thirty (30) days written notice. Notification of termination to the Interpreter will be sent by certified mail to the name on Page 1 of this MOA. Notification of termination to Early Steps must be sent to: 7. This MOA and its accompanying exhibits, if any, sets forth the entire MOA with respect to the subject matter hereof, and supersedes any prior agreements, oral or written, and all other communications between the parties related to such subject matter. This MOA shall not be modified or amended except by mutual written agreement. All continuing covenants, duties, and obligations shall survive the expiration or termination of this MOA. No other terms or conditions shall be valid and binding on the parties unless reduced to writing and executed by the parties. 8. To the extent that the State of Florida, on behalf of the Board of Trustees, has partially waived its immunity to tort claims and is vicariously responsible for the negligent acts and omissions of its employees and agents as prescribed by Section 768.28, Florida Statutes, University of Florida and its employees are protected for a claim or judgment by any one person in a sum not exceeding Two Hundred Thousand Dollars ($200,000.00), and for total claims or judgments arising out of the same incident or occurrence in a total amount not exceeding Three Hundred Thousand Dollars ($300,000.00), such protection being provided by the University of Florida J. Xxxxxx Xxxxxx Health Center Self-Insurance Program, a self-insurance program created pursuant to the authority of Section 1004.24, Florida Statutes. Employees and agents of University of Florida are not individually subject to actions arising from their State functions. Any damages allocated against the Board of Trustees as prescribed by Section 768.81, Florida Statutes, are not subject to reallocation under the doctrine of joint-and-several liability to codefendants of the Board of Trustees in professional liability actions (see Section 766.112(2), of the Florida Statutes). The sole remedy available to a claimant to collect damages allocated to the Board of Trustees is as described in Section 768.28, Florida Statutes. All liability protection described in this Section is on an “occurrence” basis. The University of Florida J. Xxxxxx Xxxxxx Health Center Self-Insurance Program provides ongoing protection with no expiration. 9. Each party to this MOA agrees to be fully responsible for its acts of negligence, or its agents' acts of negligence when acting within the scope of employment or agency agency, and agrees to be liable for any damage resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by the University of Florida Board of Trustees, School, and/or the Florida Board of Governors. Nothing herein shall be construed as consent by a state agency, public body corporate, or political subdivision of the State of Florida to be sued in any matter arising out of any contract by a party or parties whose legal signature is not indicated on this MOA. 10. This MOA shall be construed, and the rights and liabilities of the parties hereto determined, in accordance with the laws of the State of Florida; provided however, that the conflicts of law principles of the State of Florida shall not apply to the extent that they would operate to apply the laws of another state. Venue shall lie in Alachua County, Florida.. The University of Florida Board of Trustees For the benefit of the North Central Early Steps of the Department of Pediatrics, College of Medicine, University of Florida Interpreter By: By: Xxxxxx X. Xxxxxxx, M.D., MPH Date Interpreter Signature and Title FACEP, FAAEM

Both Parties agree. 1. The parties hereby acknowledge that they are independent contractors, and neither University of Florida nor any of its agents, representatives, students, or employees shall be considered agents, representatives, or employees of Interpreter. In no event shall this MOA be construed as establishing a partnership or joint venture or similar relationship between the parties. University of Florida shall be liable for its own debts, obligations, acts and omissions, including the payment of all required withholding, social security and other taxes or benefits. No party shall have the right or authority nor hold itself out to have the right or authority to bind another party and neither shall either Party be responsible for the acts or omissions of the other except as provided specifically to the contrary herein. 2. Nothing in this MOA, express or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the parties hereto and their respective successors or assigns, any remedy or claim under or by reason of this MOA, or any term, covenant or condition hereof, as third party beneficiaries or otherwise, and all of the terms, covenants and conditions hereof shall be for the sole and exclusive benefit of the parties hereto and their permitted successors and assigns. 3. Upon execution of the MOA, UF NCES shall list the Interpreter as an authorized Part C Interpreter and shall make payments to Interpreter as specified in Section IV of this MOA. Payment is contingent upon continued funding under the Prime Contract between the University of Florida and the FLDOH-CMS. 4. Should funds for the Prime Contract become unavailable, UF NCES will provide written notice of termination to Interpreter by certified mail, return receipt requested, within twenty-four (24) hours (or next business day) of receiving notification from FLDOH-CMS. 5. Unless the Interpreter’s breach is waived by the UF NCES in writing, UF NCES may, by written notice to the Interpreter, terminate this MOA after no less than twenty-four (24) hours’ notice. Said notice shall be delivered by certified mail, return receipt requested or in person, with proof of delivery. Waiver of breach of any provision of this MOA shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this MOA. 6. This MOA is effective upon the signature of both parties and will expire on June 30, 20222023. Notwithstanding Sections IV.4 or IV.5 above, this MOA may be terminated by either party upon thirty (30) days written notice. Notification of termination to the Interpreter will be sent by certified mail to the name on Page 1 of this MOA. Notification of termination to Early Steps must be sent to: 7. This MOA and its accompanying exhibits, if any, sets forth the entire MOA with respect to the subject matter hereof, and supersedes any prior agreements, oral or written, and all other communications between the parties related to such subject matter. This MOA shall not be modified or amended except by mutual written agreement. All continuing covenants, duties, and obligations shall survive the expiration or termination of this MOA. No other terms or conditions shall be valid and binding on the parties unless reduced to writing and executed by the parties. 8. To the extent that the State of Florida, on behalf of the Board of Trustees, has partially waived its immunity to tort claims and is vicariously responsible for the negligent acts and omissions of its employees and agents as prescribed by Section 768.28, Florida Statutes, University of Florida and its employees are protected for a claim or judgment by any one person in a sum not exceeding Two Hundred Thousand Dollars ($200,000.00), and for total claims or judgments arising out of the same incident or occurrence in a total amount not exceeding Three Hundred Thousand Dollars ($300,000.00), such protection being provided by the University of Florida J. X. Xxxxxx Xxxxxx Health Center Self-Insurance Program, a self-insurance program created pursuant to the authority of Section 1004.24, Florida Statutes. Employees and agents of University of Florida are not individually subject to actions arising from their State functions. Any damages allocated against the Board of Trustees as prescribed by Section 768.81, Florida Statutes, are not subject to reallocation under the doctrine of joint-and-several liability to codefendants of the Board of Trustees in professional liability actions (see Section 766.112(2), of the Florida Statutes). The sole remedy available to a claimant to collect damages allocated to the Board of Trustees is as described in Section 768.28, Florida Statutes. All liability protection described in this Section is on an “occurrence” basis. The University of Florida J. X. Xxxxxx Xxxxxx Health Center Self-Insurance Program provides ongoing protection with no expiration. 9. Each party to this MOA agrees to be fully responsible for its acts of negligence, or its agents' acts of negligence when acting within the scope of employment or agency and agrees to be liable for any damage resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by the University of Florida Board of Trustees, School, and/or the Florida Board of Governors. Nothing herein shall be construed as consent by a state agency, public body corporate, or political subdivision of the State of Florida to be sued in any matter arising out of any contract by a party or parties whose legal signature is not indicated on this MOA. 10. This MOA shall be construed, and the rights and liabilities of the parties hereto determined, in accordance with the laws of the State of Florida; provided however, that the conflicts of law principles of the State of Florida shall not apply to the extent that they would operate to apply the laws of another state. Venue shall lie in Alachua County, Florida.