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? Draft December 3, 2007 Agreement <br />Page 8 of 9 <br />• The parties to this agreement are independent entities. The employees or agents of each party who <br />are engaged in the performance of this agreement shall continue to be employees or agents of that <br />party and shall not be considered for any purpose to be employees or agents of the other party. As <br />an independent entity, TAT will not be considered an employee of the Foundation, will be <br />responsible for all applicable taxes, and is not eligible for any benefits provided by the <br />Foundation. <br />24. No Endorsements Implied. Advanced Approval of Advertising. <br />The parties agree that the involvement of the U.S. Fish and Wildlife Service in this project shall <br />not be used in any way by the requesting pariy to imply an endorsement by the FW S of the that <br />party's actions, products, or services. All advertising or other publicity for the project by either <br />party, which mentions the participation of the other party shall first be approved for release by <br />both parties, and approval may be withheld for any reason sufficient to either party. If either party <br />should appear to have violated this clause, the aggrieved pariy may request the immediate <br />cessation of those actions plus further action to effectively counteract any mistaken impressions <br />in the public mind. If the violating party fails to comply fully with the request, the aggrieved <br />party may unilaterally take any action it considers necessary to correct the mistaken impression <br />and charge the other party for the reasonable costs of that action. Failure to promptly pay those <br />reason able costs shall be treated as a dispute under the terms of this agreement. <br />25. Public Information. <br />This agreement is subject to the Freedom of Information Act (FOIA). Identify and provide <br />justification for any information contained within this agreement that could cause competitive <br />• harm and may therefore be exempt under 5 U.S.C. 552c(4). <br />26. Warrantv of Services. <br />The U.S. Fish and Wildlife Service TAT will make every reasonable effort to provide the services <br />and deliverables as described in this agreement. However, as a Federal agency, it cannot provide <br />either an express or implied warranty for its services or products. <br />27. Taxes. <br />The prices or cost estimates in this agreement are intended to include all applicable Federal, State, <br />and local taxes. The parties understand and agreed that the U.S. Fish and Wildlife Service is <br />required by law to pay many of these taxes. However, the U.S. Fish and Wildlife Service will <br />exercise any tax exemptions, which are lawfully available to it in the performance of this work. <br />UNITED STATES FISH AND WILDLIFE SERVICE <br />APPROVED FOR CONTRACTUAL SUFFICIENCY: <br />Name and signature, Contracting Officer Date <br />Warrant No: <br />0