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4.2 Either party may unilateral(y cancel this Agreement so long as written natiee of <br /> cancellatian is served upan the other party within {5)five business days of the start of <br /> the Agreement. <br /> 4.2 This Agreement may be terminated by either party where performance is made <br /> impossible by an Act of God. <br /> 4.3 Either party may terminate this Agreement upon 30 days written notice for non- <br /> performance by the other. Pravided that no termination shall occur if within said 30 <br /> days the non-performing party cures its breach. <br /> 5.0 Changes or Alterations to Scope of Services <br /> Client will be responsible for all costs incurred due ta cfient requested change to <br /> services. Department wilE review change requests and provide Client with a written <br /> amendment showing cost adjustment when Client must sign-off on or before any changes can. <br /> be made in services. In order to exercise this option the Department must notify the client on <br /> or prior to June 1, 2012. <br /> 6.(} lntellectual Property <br /> Instructiona! infnrmation, records, reports,documents and other material developed, <br /> delivered or transmitted frorr�the Client to the pepartment shall remain the sole, exclusive <br /> property of the client unfess fhe Department and the Client reach a written agreement to the <br /> contrary. <br /> 7.0 Relationship of the Parties <br /> It is understood that this is an Agreement by and between the�lient and the <br /> Department as independent contractors and is not intended to and shall not be construed to <br /> create the relationship of agent,emplayee, partnership,joint venture or association aside from <br /> independent contract�rs. <br /> � <br /> 8.0 Mutual Indemnification and lnsurance <br /> Qepartment and Client each agree to defend, indemnify and hold the other, its agents, <br /> officers and employees harmless from any and all damages to property and persons resulting <br /> from the indemnator's actions, errors or negligence in connection with activities described in <br /> this document. <br /> The Department wil) provide the Client with proof of insurance upon request. <br /> 9.0 Dispute Resofution <br />