a.) Return of Documents. HVAC Provider acknowledges and agrees that all
originals and copies of records, reports, documents, lists, plans, memoranda,
notes, and other documentation related to the business of the Client containing
Confidential Information shall be the sole and exclusive property of the Client and
shall be returned to the Client upon termination of this Agreement or upon written
request of the Client.
b.) Injunction. Client agrees that it would be difficult to measure damage to the
Client's business from any breach by the HVAC Provider under this Section;
therefore, any monetary damages would be an inadequate remedy for such
breach. Accordingly, the HVAC Provider agrees that if he/she/they should breach
this Section, the Client shall be entitled to, in addition to all other remedies it may
have at law or equity, to an injunction or other appropriate orders to restrain any
such breach, without showing or proving actual damages sustained by the Client
c.) No Release. HVAC Provider agrees that the termination of this Agreement shall
not release him/her/they from the obligations in this Section.
XI. Taxes. HVAC Provider shall pay and be solely responsible for all withholdings,
including, but not limited to, Social Security, State unemployment, State and Federal
income taxes, and any other obligations. In addition, HVAC Provider shall pay all
applicable sales or use taxes on the labor provided and materials furnished or otherwise
required by law in connection with the Services performed.
XII. Independent Contractor Status. HVAC Provider acknowledges that he/she/they
are an independent contractor and not an agent, partner, joint venture, nor an employee
of the Client. HVAC Provider shall have no authority to bind or otherwise obligate the
Client in any manner, nor shall the HVAC Provider represent to anyone that it has a
right to do so. HVAC Provider further agrees that in the event the Client suffers any loss
or damage as a result of a violation of this provision, the HVAC Provider shall indemnify
and hold harmless the Client from any such loss or damage.
XIII. Safety. HVAC Provider shall, at his/her/their own expense, be solely responsible
for protecting its employees, sub-HVAC Providers, material suppliers, and all other
persons from risk of death, injury or bodily harm arising from or in any way related to the
Services or the site where it is being performed (“Work Site”). In addition, HVAC
Provider agrees to act in accordance with the rules and regulations administered by
federal law and OSHA. HVAC Provider shall be solely responsible and liable for any
penalties, fines, or fees incurred.
XIV. Alcohol and Drugs. HVAC Provider agrees that the presence of alcohol and
drugs are prohibited on the Work Site and while performing their Services. If the HVAC
Provider or any of their agents, employees, or subcontractors are determined to be
present or with alcohol or drugs in their possession, this Agreement shall terminate
immediately.
XV. Successors and Assigns. The provisions of this Agreement shall be binding upon
and inured to the benefit of heirs, personal representatives, successors, and assigns of
the Parties. Any provision hereof which imposes upon the HVAC Provider or Client an