GPS as Independent Contractor; Agents Sample Clauses

GPS as Independent Contractor; Agents. The parties to this Agreement intend that the relationship of GPS to the Academy is that of an independent contractor, and not an employee of the Academy. No agent or employee of GPS shall be determined to be an agent or employee of the Academy, except as expressly acknowledged, in writing, by the Academy. Notwithstanding the foregoing, GPS and its employees, to the extent they have a legitimate educational interest in so doing, are hereby designated as agents of the Academy for the limited purpose of allowing them access to educational records under the Family Educational Rights and Privacy Act, 20 U.S.C. §1232(g), during the Term of this Agreement (defined below). During the Term of this Agreement, the Academy may disclose confidential data and information to GPS, and its respective officers, directors, employees and designated agents to the extent permitted by applicable law, including without limitation, the Individuals with Disabilities Education Act (“IDEA”), 20 USC §1401 et seq., 34 CFR 300.610-300.626; Section 504 of the Rehabilitation Act of 1973, 29 USC §794a, 34 CFR 104.36; the Michigan Mandatory Special Education Act, MCL 380.1701 et seq.; the Americans with Disabilities Act, 42 USC §12101 et seq.; the Health Insurance Portability and Accountability Act (“HIPAA”), 42 USC 1320d – 13200d-8; 45 CFR 160, 162 and 164; and social security numbers, as protected by the federal Privacy Act of 1974, 5 USC §552a; and the Michigan Social Security Number Privacy Act, MCL 445.84. GPS shall be solely responsible for its acts, the acts of its agents, employees, and those subcontractors who are contracted through GPS.
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Related to GPS as Independent Contractor; Agents

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