Laserfiche WebLink
expenses made against the District arising out of Skanska's performance hereunder. <br />10. Independent Contractor. <br />a. It is expressly agreed and understood that Skanska's position is that of an <br />independent contractor and not that of an employee of the District. The payment of any state or <br />local taxes, including Social Security payments, shall be the sole responsibility of Skanska. <br />b. The Parties acknowledge that contemporaneously with the execution of this <br />Agreement they have entered into an Independent Contractor Agreement, attached hereto as <br />Exhibit E and by reference incorporated herein, which more fully sets forth Skanska's <br />relationship with the District as an independent contractor. <br />c. Skanska further acknowledges that it has no authority, either express or implied, <br />to bind the District in contract or otherwise without the express written permission of the <br />District. Skanska shall not seek to bind the District without its express written permission. <br />Nothing considered herein shall be considered to create a joint venture relationship between the <br />District and Skanska. <br />11. Miscellaneous Provisions. <br />a. Effect of Headings. The section and subsection headings contained herein are for <br />convenience only and shall not affect the construction hereof. <br />b. No Third-Party Beneficiary; No Assignments; Entire Agreement. This <br />Agreement is and shall be binding upon and inure to the benefit of the Parties and their <br />respective successors and assigns. The provisions of this Agreement are solely for the benefit of <br />the Parties and are not intended to confer upon any person or entity, except the Parties and their <br />successors and assigns, any rights or remedies hereunder. This Agreement is not assignable <br />without the written consent of the non-assigning Party, which states the entire agreement <br />between the Parties as to the subject matter of this Agreement and merges and supersedes all <br />previous communications and agreements related thereto. <br />c. Modification. No addition or modification of this Agreement will be binding on <br />any Party, unless reduced to writing and signed by all Parties. <br />d. Execution of Additional Documents. The Parties agree to execute such additional <br />documents as may be necessary from time-to-time to effectuate the purposes of this Agreement, <br />e. No Waiver. Except as otherwise expressly provided in this Agreement, no failure <br />or delay of either party in exercising any power, right or remedy under this Agreement will <br />operate as a waiver thereof, nor will any single or partial exercise of any such right or power, or <br />any power, preclude any other or further exercise thereof or the exercise of any other right, <br />power or remedy. <br />f. Severability. Whenever possible, each provision of this Agreement will be <br />interpreted in such a manner as to be legal, valid, and enforceable under applicable law, but if <br />any provision of this Agreement shall be held by a court having jurisdiction to be illegal, invalid, <br />5