Amendments
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9/16/2002 4:12:08 PM
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6. CONFiDENTiAL INFORMATION <br /> <br /> "Customer" agrees to keep ail Confidential Information acquired from the "Contractor" or Other sources in <br /> connection with this Agreement in the strictest confidence, and he/she shall not hereafter disclose any <br /> ' Confidential Information to any third party, including tho"Contractor's" customers and competitors, or use same <br /> for his/her own benefit. It being understood that "Customer" shall use Confidential Information only for the <br /> benefit of the "Contractor". Such Confidential Information includes any information, not generally known to the <br /> public, concerning customers, pricing, delivery routing and business plans. "Customer" acknowledges that all <br /> such Confidential Information is confidential and proprietary and that any discIosure of same could harm the <br /> "Contractor". "Customer" agrees that all such Confidential Information and all other materials relating to the <br /> "Contractor's" operations, invesbgabons or bus ness developed or rece ved by Customer dur ng he erm o <br /> h~s Agreemen shall be the exclus ve property of Con rac or and shall be returned mined ately to Contractor' <br /> by "Company", along with all other "Contractor" property, on termination of this Agreement or on th~ <br /> "Contractor's" request at anytime. <br /> <br />7. INDEPENDENT CONTRACTOR <br /> <br /> Bergstrom Electric, Inc. is an independent contractor and neither Bergstrom Electric, Inc. nor Bergstrom EIectric, <br /> Inc. staff is, or shall be deemed to be an employee or agent of the "Customer". "Contractor" shall determine <br /> the method, manner and means by which the "Services" will be performed and control the sequence of same, <br /> provided, however, that "Contractor" shall advise the "Customer" regarding "Contractor's" plans and proposed <br /> schedule pdor to providing "Services". The "Customer" shall be solely responsible for the payment of any and <br /> all lawful federal, state and local income taxes imposed on, based upon or resulting from "Services" rendered <br /> pursuant to this Agreement. <br /> <br />8. INSURANCE <br /> <br /> "Contractor" shall purchase and maintain comprehensive general liability, products and completed operations <br /> a~d automobile liability coverages with a combined single limit of $1,000,000 per occurrence, "Contractor' shall <br /> also purchase and maintain workers compensation coverage in accordance with statutory requirements. <br /> "Customer" shall be named as an additional insured on said Insurance Certificate. "Contractor" shall not <br /> terminate or modih/its insurance coverages wfthout providing thirty (30) days prior written notice to"Customer". <br /> Certificate of Insurance will be provided at owner's request. <br /> <br />NON-SOLiCITATION <br /> <br />"Customer" shall not, without the "Contractor's" prior written approval, while penCorming "Services" hereunder <br />and for a period of six (6) months following termination of this Agreement, solicit or offer employment to any <br />individual employed by the "Contractor" during such periods. <br /> <br />10. ENTIRE AGREEMENT <br /> <br />This Agreement represents the entire agreement between the parties and supersedes and replaces all prior <br />correspondence, communication and negotiations with respects to the subject matter covered herein, and may <br />be modified only by the written agreement of the parties. This Agreement shall be governed by and construed <br />in accordance with the Laws of the State of North Dakota. <br /> <br />IN WITNESS WHEREOF, the "Contractor" and "Customer" have executed this Agreement as of the date first above <br /> <br />written. <br /> <br />Contractor Customer <br />BERGSTROM ELECTRIC, INC, CASS COUNTY <br /> <br />By: By: <br /> <br /> Signature <br /> <br />Print Name: <br /> <br /> Signature <br /> <br />Print Name: <br /> <br />Tide: <br /> <br />Date: <br /> <br /> Title: <br /> <br /> Date: <br /> <br />Acceptance of this contract must be made within 15 days of date written <br /> <br /> <br />
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