Sample Contractor Agreement For A Canadian Registered Charity Carrying Out Foreign Activities Page 6
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128. Relationship
Nothing in this Agreement shall constitute or be construed to create a partnership,
agency, joint venture or an employment relationship as between the parties and neither
party shall hold itself out as partner, agent, joint venturer or employee of the other or any
other type of relationship that render one party liable for the debts or obligations of any
other party except as specifically provided for in this Agreement.
The
parties
shall
secure all personnel required in performing their services under this Agreement and shall
be responsible for all taxes and other payments, and all reporting requirements for their
personnel that each uses in the performance of its services.
9. Insurance
Without in any way limiting the liability of INTERMEDIARY under this Agreement
it shall be the sole responsibility of INTERMEDIARY to maintain and keep in force and
effect during the term of this Agreement sufficient insurance as is customarily kept by an
organization conducting similar activities.
10. Confidentiality
Each party acknowledges that, during the term of this Agreement, it may be required
from time to time to disclose to the other party certain confidential and proprietary
materials, information and data relating to that party's activities (all of which is referred to as
"Confidential Information"). Each party acknowledges that the other's Confidential
Information, other than that which is publicly known, is confidential and proprietary
information. Each party agrees to exercise the same degree of care of the other party's
Confidential Information that it does with its own Confidential Information and to confine
knowledge of Confidential Information only to its employees who require that knowledge
for use in the ordinary course and scope of their employment. The parties shall not, during
the term of this Agreement or thereafter, use, disclose, divulge or make available each
other's Confidential Information to any third party either directly or indirectly in any manner
whatsoever without the prior written consent of the other party.
11. Termination
Notwithstanding Article 3 of this Agreement, either party shall have the right at any
time to terminate this Agreement for any reason on sixty (60) days' written notice to the
other party. In the event of improper use of the funds by the INTERMEDIARY under, or
a material breach by the INTERMEDIARY of, any term of this Agreement, as
determined by the CANADIANCHARITY, the CANADIANCHARITY may terminate
this Agreement effective immediately upon delivery of written notice of termination to
the INTERMEDIARY.
In the event of termination, INTERMEDIARY will refund
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