(ii) to notify Client immediately upon learning of any unauthorized
<br /> possession, use or knowledge of Confidential Information, or of any
<br /> requests, subpoenas or other efforts to obtain Confidential Information by
<br /> private parties, governmental agencies or other entities; and
<br /> 6. Tangible Information. Consultant shall securely maintain all data, documents, or
<br /> reports written or recorded in any form, or any tangible materials relating in any way to
<br /> Confidential Information.
<br /> 7. Client Property. All data, copies of or original notes, investigative notes, tests,
<br /> photographs, data and other records, calculations, summaries, reports, and the like
<br /> ("Documents") developed, generated, produced, received or collected by CONSULTANT in
<br /> performance of this Agreement are and shall remain the property of Client whether in its
<br /> possession or otherwise, unless Client agrees to waive such right or entitlement in writing. All
<br /> Documents shall be delivered to the client upon final payment by Client to CONSULTANT.
<br /> CONSULTANT may keep one copy of all documents generated under this Agreement for its
<br /> files.
<br /> 8. Survival. CONSULTANT's duties and obligations under Sections 3 through 7
<br /> hereof shall survive the completion and/or termination of this Agreement.
<br /> 9. Billin . CONSULTANT shall provide estimates for specific activities in
<br /> connection with the Services, shall obtain Client's approval thereof prior to performing same,
<br /> and shall not exceed any such estimates without Client's prior approval. Client agrees to pay all
<br /> undisputed invoice amounts within 45 days of the date of CONSULTANT's invoice.
<br /> 10. Insurance CONSULTANT represents and warrants that it and its assigns, staff, and
<br /> sub CONSULTANTs employed by it, are protected by worker's compensation insurance
<br /> Certificates for such policies of insurance are to be provided to the Client as an exhibit to this
<br /> agreement
<br /> Within the limits and conditions of such insurance, CONSULTANT agrees to indemnify
<br /> and save the Client harmless from and against any loss, damage, or liability solely arising from
<br /> any negligent acts by CONSULTANT, it agents, staff, and sub CONSULTANTS.
<br /> CONSULTANT will not be responsible for any loss, damage, or liability arising from any acts
<br /> by the Client, its agents, staff, and other consultants employed by Client. Certificates for such
<br /> policies of insurance are included in Attachment C.
<br /> Within the limits and conditions of such insurance, CONSULTANT agrees to indemnify
<br /> and save the Client harmless from and against any loss, damage, or liability solely arising from
<br /> any negligent acts by CONSULTANT, it agents, staff, and sub consultants. CONSULTANT is
<br /> not responsible for any loss, damage, or liability beyond the amount, limits, and conditions of
<br /> such insurance, CONSULTANT will not be responsible for any loss, damage, or liability arising
<br /> from any acts by the Client, its agents, staff, and other consultants employed by Client.
<br /> 11. Independent Contractor. CONSULTANT shall perform the approved Services as N
<br /> an independent contractor. t
<br /> a
<br /> Wildcat Mining Corporation
<br /> 21712017
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