h. Contract approval
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h. Contract approval
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<br />PAGE 6 <br /> <br />a) A "Waiver of Subrogation" waiving any right of recovery the insurance company <br />may have against the County; <br /> <br />b) a provision that the policy and endorsements may not be canceled without thirty <br />(30) days' prior written notice to the County; <br /> <br />c) provision that MeritCare's insurance coverage shall be primary (i.e., pay first) as <br />respects any insurance, self-insurance or self-retention maintained by the County <br />and that any insurance, self-insurance or self-retention maintained by the County <br />shall be excess of MeritCare's insurance and shall not contribute with it; <br /> <br />d) cross liability/severability of interest coverage for all policies and endorsements. <br /> <br />4) MeritCare shall furnish a certificate of insurance to the County representative prior to <br />commencement of this agreement. <br /> <br />5) Failure to provide insurance as required in this section is a material breach of contract <br />entitling County to terminate this agreement immediately. <br /> <br />XX. SEVERABILITY: <br />The parties agree that any term of provision of this contract is declared by a court of competent <br />jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and <br />provisions shall not be affected, and the rights and obligations of the parties shall be construed <br />and enforced as if the contract did not contain the particular term or provision held to be invalid. <br /> <br />XXI. WAIVER: <br />The failure of the CCSSB to enforce any provisions of this contract shall not constitute a waiver <br />by the CCSSB of that or any other provision. <br /> <br />XXII. MERGER CLAUSE: <br />This agreement constitutes the entire agreement between the parties. No waiver, consent, <br />modification or change of terms of this agreement shall bind either party unless in writing and <br />signed by both parties. Such waiver, consent, modification or change, if made, shall be effective <br />only in the specific instance and for the specific purpose given. There are no understandings, <br />agreements, or representations, oral or written, not specified herein regarding this agreement. <br />Provider, by the signature below of its authorized representative, hereby acknowledges that the <br />Provider has read this agreement, understands it and agrees to be bound by its terms and <br />conditions. <br /> <br />XXIII. PROVIDER IS AN INDEPENDENT CONTRACTOR: <br />This agreement shall not be construed to represent an employer/employee relationship. The <br />Provider agrees to be responsible for any federal or state taxes applicable to this payment. <br />Provider will not be eligible for any benefits from these contract payments of federal social <br />
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