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10 Independent Contractors <br /> With respect to administration of this Grant, the parties understand and agree that each is at <br /> all times acting and performing as an independent contractor with respect to the other. <br /> Except as expressly set forth in this Agreement, neither party, nor any of its employees, shall <br /> be construed to be the agent, employee or representative of the other for any purpose, or <br /> liable for any acts or omissions of the other. <br /> 11. Compliance <br /> Grantee shall (i) maintain, in full force and effect, all required governmental or professional <br /> licenses and credentials for itself, its facilities and it employees and all other persons <br /> engaged in work in conjunction with this Grant, and (ii) perform its duties and obligations <br /> under this Agreement according to industry standards and in compliance with all applicable <br /> laws. As an organization with numerous contracts with the federal government, KFH and its <br /> affiliates are subject to various federal laws, executive orders and regulations regarding <br /> equal opportunity and affirmative action. This Section constitutes notice that Grantee may be <br /> required to comply with the following Federal Acquisition Regulations (each a "FAR") at 48 <br /> CFR Part 52, which are incorporated herein by reference: (a) Equal Opportunity (April 2002) <br /> at FAR 52.222-26; (b) Equal Opportunity for Special Disabled Veterans, Veterans of the <br /> Vietnam Era, and Other Eligible Veterans (Sept. 2006) at FAR 52.222-35; <br /> (c) Affirmative <br /> Action for Workers with Disabilities (June 1998) at FAR 52.222-36, and (d) Utilization of <br /> Small Business Concerns (May 2004) at FAR 52.219-8. In addition, Executive Order 13495 <br /> concerning the obligations of federal contractors and subcontractors to provide notice to <br /> employees about their rights under Federal labor laws, or its successor, shall be incorporated <br /> herein by reference. <br /> 12. Miscellaneous <br /> This Agreement shall be governed by the laws of the State of California. This Agreement <br /> may be executed in one or more counterparts, each of which shall be deemed to be one and <br /> the same instrument. Grantee may not assign any right, duty or obligation under this <br /> Agreement without prior written approval from KFH. Any change of ownership or control of <br /> Grantee shall be deemed an assignment. This Agreement shall be binding upon and inure to <br /> the benefit of the parties and their respective, permitted successors and assigns. This <br /> Agreement, including any exhibits and attachments (all of which are incorporated into this <br /> Agreement by this reference), is the entire agreement of the parties with respect to the <br /> subject matter herein, and supersedes any and all other agreements, promises, negotiations <br /> or representations, whether oral or written. This Agreement, including exhibits and <br /> attachments, may not be amended except in a writing signed by each party. <br /> Page 3 <br /> 20632271 <br />