7.3. EDSR 08-17-2020 - Laserfiche WebLink

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to. Insurance. The Consultant will maintain insurance coverage for: Worker's Compensation, General Liability, and Professional Liability in an amount of not less than $2,000,000.00 (two million dollars and no/100)per occurrence, and will provide information as to specific limits upon receipt of this signed Agreement. The Consultant shall provide the EDA with a current certificate of liability insurance for all insurance coverage referenced above. Such certificate of liability insurance shall list the EDA as an additional insured and contain a statement that such policies of insurance shall not be canceled unless 30 days' written notice (10 days' written notice for non- payment of premiums)is provided to the EDA. it. Subcontracting. Neither the EDA nor the Consultant shall assign, or transfer any rights under or interest(including,but without limitation,moneys that may become due or moneys that are due)in this Agreement without the prior written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the Consultant from employing such independent consultants,associates,and subcontractors,as it may deem appropriate to assist it in the performance of services hereunder. Notwithstanding the foregoing,the Consultant may retain,at its expense,the services of consultant)for the Work. 12. Assignment. Neither the EDA nor the Consultant shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party's prior written consent. Any assignment in violation of this provision is null and void. 13. Independent Contractor. The Consultant shall be deemed an independent contractor. The Consultant's duties will be performed with the understanding that the Consultant has special expertise as to the services which the Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. The manner in which the services are performed shall be controlled by the Consultant; however, the nature of the services and the results to be achieved shall be specified by the EDA. The Consultant is not to be deemed an employee or agent of the EDA or the City and has no authority to make any binding commitments or obligations on behalf of the EDA or the City except to the extent expressly provided herein. All services provided by the Consultant pursuant to this Agreement shall be provided by the Consultant as an independent contractor and not as an employee of the EDA or the City for any purpose,including but not limited to: income tax withholding,workers'compensation, unemployment compensation,FICA taxes,liability for torts and eligibility for employee benefits. 14. Compliance with Laws. The Consultant shall exercise due professional care to comply with applicable federal, state and local laws,rules,ordinances and regulations in effect as of the date the Consultant agrees to provide the applicable services detailed in Exhibit A or any supplemental letter agreement. 15. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: Consultant: The Milligan Studio LLC 459 Selby Avenue St. Paul,Minnesota 55102 Attention: Dr.Nicole Mary Milligan 3 EL185-13-668416.v2