EIRMC 14-15 Speech
EIRMC 14-15 Speech
12/2/2014 12:33:10 PM
12/2/2014 11:55:16 AM
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9. INSURANCE: EIRMC shall obtain and maintain general and professional <br />liability insurance in the amount of at least One Million Dollars (S 1,000,000.00). The amount <br />indicated in this section shall be maintained by EIRMC during the term of the Agreement. <br />10. INDEMNIFICATION: The parties hereto hereby indemnifo and hold harmless <br />each other from and against any loss, claim, damage, liability or expense including attomey's <br />fees and court costs incurred by or resulting to the other party either directly or indirectly by <br />reason ofany breach, nonfulfillment or default in the performance ofany ofthe provisions of this <br />A$eement. <br />I l. INDEPENDENT CONTRACTOR STATUS: EIRMC is and shall be an <br />independent contractor. Nothing herein contained in this Agreement shall be construed so as to <br />create a employer/employee relationship, a partnership orjoint venture and neither party hereto <br />shall be liable for the debts or obligations of the other. No employee of EIRMC shall be deemed <br />to be an employee of SD 93. SD 93 shall not have the power to hire or fire EIRMC employees <br />and except as expressly provided herein, SD 93 shatl not control or have access to EIRMC funds <br />or the expenditure thereofor in any way exercise dominion or control over EIRMC's business. <br />12. ASSIGNMENT: This is a contract for professional and specialized services and <br />shall not be assigned by SD 93 to anyone acting on behalf of SD 93 in any mamer or by <br />operation of law. <br />13. COVENANT NOT TO COMPETE: SD 93 acknowledges that the speech <br />therapists provided by EIRMC pursrumt to this Agreement have been recruited, trained and <br />placed at a significant expense to EIRMC. As such, EIRMC has a compelling interest in <br />maintaining its relationship with each speech therapist. Therefore, SD 93 agrees that it shall not, <br />during the term of this Agreement, and any renewals thereof, and for a period of one ( 1) year <br />following cessation of the Agreement, directly or indirectly, or both others, impair or initiate ary <br />attempt to impair the relationship or expectancy of a continuing relationship between the speech <br />therapists and EIRMC. SD 93 shall not make any offers of contracts of full or pa(-time <br />employment for services with EIRMC speech therapists, nor shall SD 93 participate in the <br />actions ofother individuals or entities offering such without the prior written approval of <br />EIRMC. <br />14. MODIFICATION OF AGREEMENT: This Agreement contains the entire <br />understanding of the parties and shall be modified only by an instrument in writing signed on <br />behalf of each party hereto. <br />15. GOVERNING LAW: This Agreement is made in the State of Idaho and shall be <br />construed, interpreted and govemed by the laws of the State ofldaho. <br />16. NOTICES: Any notices required or permitted hereunder shall be sufficiently <br />given if sent by certified mail, postage prepaid or personally delivered, addressed or delivered as <br />AGREEMENT - 3
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