Contractor Responsibility. (a) The Contractor is an independent contractor and is not an employee or agent of the Board. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the Board, on the one hand, and the Contractor and his or her employees, agents, or subcontractors, on the other, during or after the performance of this Agreement. The Contractor shall take the whole responsibility and shall bear all losses resulting to him or her on account of errors or omissions. (b) The Contractor shall comply with all applicable provisions of safety laws, rules, ordinances, regulations, and orders of duly constituted public authorities and agencies exercising regulatory authority over him or her. The Contractor assumes all risk of loss, damage, and destruction to all of his or her materials, tools, appliances, property of every description, and that of his or her respective employees or agents or subcontractors and each of their respective employees or agents, and injury to or death of his or her employees or agents, subcontractors, or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Agreement. (c) Any and all personally identifiable records of a student are confidential, and the Contractor shall access such records in the course of providing professional services under this Agreement only if and to the extent the Contractor or the Contractor’s employee has a legitimate educational interest in the information contained in such records. The Contractor shall implement operating practices and procedures that will (i) maintain the confidentiality and assure the physical security of all student records accessed and used in the course of providing professional services under this Agreement; (ii) prohibit the release or disclosure of such records to anyone except authorized Board personnel, (iii) prevent any unauthorized access to such records, and (iv) preclude the unauthorized use, release, or disclosure of the information contained in such records. (d) The Contractor agrees forever to save and keep harmless and fully indemnify the Board, its officers, employees, and agents of and from all losses, liabilities, damages, claims, actions, legal proceedings, settlements, judgments, recoveries, costs, and expense because of loss of, or damage to, property, or injury to or deaths of persons in any way arising out of or in connection with the performance of this Agreement and attributable to the negligence or other wrongful conduct of the Contractor or his or her employees, agents, or subcontractors, including but not limited to any loss or action resulting from the failure by the Contractor to comply with its obligations under this Agreement.
Appears in 12 contracts
Samples: Professional Services, Professional Services, Professional Services
Contractor Responsibility. (a) The Contractor is an independent contractor and is not an employee or agent of the Board. Nothing in this Agreement shall be interpreted to establish any relationship rela tionship other than that of an independent contractor between the Board, on the one hand, and the Contractor and his or her the Contractor’s employees, agents, or subcontractors, on the otheroth er, during or after the performance of this Agreement. The Contractor shall take the whole responsibility and shall bear all losses resulting to him or her the Contractor on account of errors er rors or omissions.
(b) The Contractor shall comply with all applicable provisions of safety laws, rules, ordinances, regulations, and orders of duly constituted public authorities and agencies agen cies exercising regulatory authority over him or herthe Contractor. The Contractor assumes all risk of loss, damage, and destruction to all of his or her the Contractor’s materials, tools, appliances, property of every description, and that of his or her the Contractor’s respective employees or agents or subcontractors and each of their respective employees or agents, and injury to or death of his or her the Contractor’s employees or agents, subcontractors, or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection con nection with the performance of this Agreement.
(c) Any In accordance with federal and state law, 20 U.S.C. § 1232g, 34 C.F.R. Part 99, and Sections 1002.22 and 1002.221, Florida Statutes, any and all personally identifiable records of a student are confidential, and the Contractor shall access such records in the course of providing professional services under this Agreement only if and to the extent the Contractor or and the Contractor’s employee has employees have a legitimate educational interest in the information contained in such records. The Contractor shall implement operating practices and procedures that will (i) maintain the confidentiality and assure the physical security of all student records accessed and used in the course of providing professional pro fessional services under this Agreement;
Agreement; (ii) prohibit the release or disclosure of such records to anyone except authorized Board personnel, (iii) prevent any unauthorized access to such records, and (iv) preclude the unauthorized use, release, or disclosure of the information contained in such records.
(d) The Contractor agrees forever to save and keep harmless and fully indemnify indem nify the Board, its officers, employees, and agents of and from all losses, liabilities, damagesdam ages, claims, actions, legal proceedings, settlements, judgments, recoveries, costs, and expense because of or resulting from (i) loss of, or damage to, property, or injury to or deaths of persons in any way arising out of or in connection with the performance of this Agreement and attributable to the negligence or other wrongful conduct of the Contractor or his or her the Contractor’s employees, agents, or subcontractors, including but not limited to any loss or action resulting from the failure by of the Contractor to comply with its the Contractor’s obligations under this Agreement, (ii) infringement by the Contractor of any thirdparty patent, copyright, or trademark, (iii) misappropriation by the Contractor of any third party trade secret, or (iv) any copyrighted, service marked, trademarked, patented, or un patented invention, process, article, or work manufactured or used in the performance of this Agreement, including such use by the Board. If the Contractor uses any design, de vice, materials, or works covered by letters, service xxxx, trademark, patent, copyright, or any other intellectual property right in the performance of this Agreement, the Con tractor agrees that the amounts paid by the Board include all royalties or costs arising from the use of such design, device, or materials.
Appears in 10 contracts
Samples: Professional Services, Professional Services, Professional Services
Contractor Responsibility. (a) The Contractor is an independent contractor and is not an employee or agent of the Board. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the Board, on the one hand, and the Contractor and his or her employees, agents, or subcontractors, on the other, during or after the performance of this Agreement. The Contractor shall take the whole responsibility and shall bear all losses resulting to him or her on account of errors or omissions.
(b) The Contractor shall comply with all applicable provisions of safety laws, rules, ordinances, regulations, and orders of duly constituted public authorities and agencies exercising regulatory authority over him or her. The Contractor assumes all risk of loss, damage, and destruction to all of his or her materials, tools, appliances, property of every description, and that of his or her respective employees or agents or subcontractors and each of their respective employees or agents, and injury to or death of his or her employees or agents, subcontractors, or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Agreement.
(c) Any and all personally identifiable records of a student are confidential, and the Contractor shall access such records in the course of providing professional services under this Agreement only if and to the extent the Contractor or the Contractor’s Contractor =s employee has a legitimate educational interest in the information contained in such records. The Contractor shall implement operating practices and procedures that will (i) maintain the confidentiality and assure the physical security of all student records accessed and used in the course of providing professional services under this Agreement;
Agreement; (ii) prohibit the release or disclosure of such records to anyone except authorized Board personnel, (iii) prevent any unauthorized access to such records, and (iv) preclude the unauthorized use, release, or disclosure of the information contained in such records.
(d) The Contractor agrees forever to save and keep harmless and fully indemnify the Board, its officers, employees, and agents of and from all losses, liabilities, damages, claims, actions, legal proceedings, settlements, judgments, recoveries, costs, and expense because of loss of, or damage to, property, or injury to or deaths of persons in any way arising out of or in connection with the performance of this Agreement and attributable to the negligence or other wrongful conduct of the Contractor or his or her employees, agents, or subcontractors, including but not limited to any loss or action resulting from the failure by the Contractor to comply with its obligations under this Agreement.
Appears in 7 contracts
Samples: Professional Services, Professional Services, Professional Services
Contractor Responsibility. (a) The Contractor is an independent contractor and is not an employee or agent of the Board. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the Board, on the one hand, and the Contractor and his or her employees, agents, or subcontractors, on the other, during or after the performance of this Agreement. The Contractor shall take the whole responsibility and shall bear all losses resulting to him or her on account of errors or omissions.
(b) The Contractor shall comply with all applicable provisions of safety laws, rules, ordinances, regulations, and orders of duly constituted public authorities and agencies exercising regulatory authority over him or her. The Contractor assumes all risk of loss, damage, and destruction to all of his or her materials, tools, appliances, property of every description, and that of his or her respective employees or agents or subcontractors and each of their respective employees or agents, and injury to or death of his or her employees or agents, subcontractors, or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Agreement.
(c) Any and all personally identifiable records of a student are confidential, confidential and the Contractor shall access such records in the course of providing professional services under this Agreement only if and to the extent the Contractor or the Contractor’s Contractor =s employee has a legitimate educational interest in the information contained in such records. The Contractor shall implement operating practices and procedures that will (i) maintain the confidentiality and assure the physical security of all student records accessed and used in the course of providing professional services under this Agreement;
Agreement; (ii) prohibit the release or disclosure of such records to anyone except authorized Board personnel, (iii) prevent any unauthorized access to such records, and (iv) preclude the unauthorized use, release, or disclosure of the information contained in such records.
(d) The Contractor agrees forever to save and keep harmless and fully indemnify the Board, its officers, employees, and agents of and from all losses, liabilities, damages, claims, actions, legal proceedings, settlements, judgments, recoveries, costs, and expense because of loss of, or damage to, property, or injury to or deaths of persons in any way arising out of or in connection with the performance of this Agreement and attributable to the negligence or other wrongful conduct of the Contractor or his or her employees, agents, or subcontractors, including but not limited to any loss or action resulting from the failure by the Contractor to comply with its obligations under this Agreement.
Appears in 4 contracts
Samples: Professional Services, Professional Services, Professional Services
Contractor Responsibility. (a) The Contractor is an independent contractor and is not an employee or agent of the Board. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the Board, on the one hand, and the Contractor and his or her its employees, agents, or subcontractors, on the other, during or after the performance of this Agreement. The Contractor shall take the whole responsibility and shall bear all losses resulting to him or her it on account of errors or omissions.
(b) The Contractor shall comply with all applicable provisions of safety laws, rules, ordinances, regulations, and orders of duly constituted public authorities and agencies exercising regulatory authority over him or herit. The Contractor assumes all risk of loss, damage, and destruction to all of his or her its materials, tools, appliances, property of every description, and that of his or her its respective employees or agents or subcontractors and each of their respective employees or agents, and injury to or death of his or her its employees or agents, subcontractors, or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Agreement.
(c) Any and all personally identifiable records of a student are confidential, and the Contractor shall access such records in the course of providing professional services under this Agreement only if and to the extent the Contractor or the Contractor’s employee has a legitimate educational interest in the information contained in such records. The Contractor shall implement operating practices and procedures that will (i) maintain the confidentiality and assure the physical security of all student records accessed and used in the course of providing professional services under this Agreement;
(ii) prohibit the release or disclosure of such records to anyone except authorized Board personnel, (iii) prevent any unauthorized access to such records, and (iv) preclude the unauthorized use, release, or disclosure of the information contained in such records.
(d) The Contractor agrees forever to save and keep harmless and fully indemnify the Board, its officers, employees, and agents of and from all losses, liabilities, damages, claims, actions, legal proceedings, settlements, judgments, recoveries, costs, and expense because of loss of, or damage to, property, or injury to or deaths of persons in any way arising out of or in connection with the performance of this Agreement and attributable to the negligence or other wrongful conduct of the Contractor or his or her its employees, agents, or subcontractors, including but not limited to any loss or action resulting from the failure by of the Contractor to comply with its obligations under this Agreement.
Appears in 3 contracts
Samples: Professional Services Agreement, Professional Services, Professional Services
Contractor Responsibility. (a) The Contractor is an independent contractor and is not an employee or agent of the Board. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the Board, on the one hand, and the Contractor and his or her employees, agents, or subcontractors, on the other, during or after the performance of this Agreement. The Contractor shall take the whole responsibility and shall bear all losses resulting to him or her on account of errors or omissions.
(b) The Contractor shall comply with all applicable provisions of safety laws, rules, ordinances, regulations, and orders of duly constituted public authorities and agencies exercising regulatory authority over him or her. The Contractor assumes all risk of loss, damage, and destruction to all of his or her materials, tools, appliances, property of every description, and that of his or her respective employees or agents or subcontractors and each of their respective employees or agents, and injury to or death of his or her employees or agents, subcontractors, or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Agreement.
(c) Any and all personally identifiable records of a student are confidential, and the Contractor shall access such records in the course of providing professional services under this Agreement only if and to the extent the Contractor or the Contractor’s employee has a legitimate educational interest in the information contained in such records. The Contractor shall implement operating practices and procedures that will (i) maintain the confidentiality and assure the physical security of all student records accessed and used in the course of providing professional services under this Agreement;
Agreement; (ii) prohibit the release or disclosure of such records to anyone except authorized Board personnel, (iii) prevent any unauthorized access to such records, and (iv) preclude the unauthorized use, release, or disclosure of the information contained in such records.
(d) The Contractor agrees forever to save and keep harmless and fully indemnify the Board, its officers, employees, and agents of and from all losses, liabilities, damages, claims, actions, legal proceedings, settlements, judgments, recoveries, costs, and expense because of loss of, or damage to, property, or injury to or deaths of persons in any way arising out of or in connection with the performance of this Agreement and attributable to the negligence or other wrongful conduct of the Contractor or his or her employees, agents, or subcontractors, including but not limited to any loss or action resulting from the failure by the Contractor to comply with its obligations under this Agreement.
Appears in 1 contract
Samples: Professional Services