Independent Contractor Agreement (Page 3 of 5) in pdf

9. Merger. This Agreement shall not be terminated by the merger or consolidation of

the College into or with any other entity.

10. Termination. The College may terminate this Agreement at any time by 10 working

days’ written notice to the Contractor. In addition, if the Contractor is convicted of

any crime or offense, fails or refuses to comply with the written policies or reasonable

directive of the College, is guilty of serious misconduct in connection with

performance hereunder, or materially breaches provisions of this Agreement, the

College at any time may terminate the engagement of the Contractor immediately

and without prior written notice to the Contractor.

11. Independent Contractor. This Agreement shall not render the Contractor an

employee, partner, agent of, or joint venturer with the College for any purpose. The

Contractor is and will remain an independent contractor in [his or her] relationship to

the College. The College shall not be responsible for withholding taxes with respect

to the Contractor’s compensation hereunder. The Contractor shall have no claim

against the College hereunder or otherwise for vacation pay, sick leave, retirement

benefits, social security, worker’s compensation, health or disability benefits,

unemployment insurance benefits, or employee benefits of any kind.

12. Insurance. The Contractor will carry liability insurance (including malpractice

insurance, if warranted) relative to any service that [he or she] performs for the

College.

13. Successors and Assigns. All of the provisions of this Agreement shall be binding

upon and inure to the benefit of the parties hereto and their respective heirs, if any,

successors, and assigns.

14. Choice of Law. The laws of the State of New Jersey, Essex County shall govern the

validity of this Agreement, the construction of its terms and the interpretation of the

rights and duties of the parties hereto.

15. Headings. Section headings are not to be considered a part of this Agreement and

are not intended to be a full and accurate description of the contents hereof.

16. Waiver. Waiver by one party hereto of breach of any provision of this Agreement by

the other shall not operate or be construed as a continuing waiver.

17. Assignment. The Contractor shall not assign any of [his or her] rights under this

Agreement, or delegate the performance of any of [his or her] duties hereunder,

without the prior written consent of the College.

18. Notices. Any and all notices, demands, or other communications required or desired

to be given hereunder by any party shall be in writing and shall be validly given or

made to another party if personally served, or if deposited in the United States mail,

certified or registered, postage prepaid, return receipt requested. If such notice or

demand is served personally, notice shall be deemed constructively made at the time

of such personal service. If such notice, demand or other communication is given by

mail, such notice shall be conclusively deemed given five days after deposit thereof

Independent Contractor Agreement Page 3