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under this subsection "a," LES shall at its expense defend Sponsors with legal <br /> counsel reasonably acceptable to the Sponsors. <br /> b. Definitions. As used in subsection "a" above, "charges" means claims, <br /> judgments, costs, damages,losses, demands,liabilities, obligations, fines <br /> (including but not limited to those levied by the North Carolina Department of <br /> Environment,Health, and Natural Resources), penalties,royalties, settlements, <br /> and expenses (including interest and reasonable attorneys' fee assessed as part of <br /> any such item); "Sponsors" means all Sponsors and their officers, officials, <br /> independent contractors (other than LES), agents, and employees. <br /> 13. Independent Contractor. LES is and shall perform this Agreement as an <br /> independent contractor and, as such, shall have and maintain complete control <br /> over all of its employees and operations. Neither LES nor anyone employed by it <br /> shall be,represent, act,purport to act,or be deemed to be the agent, <br /> representative, employee or servant of the Sponsor. <br /> 14. Obligation to Fund. The parties recognize that the Sponsors have budgeted <br /> certain appropriated monies to support a household hazardous waste collection <br /> program and have allocated a specific portion of these monies as compensation <br /> under this Agreement. The parties further recognize and agree that the <br /> Sponsors,by entering into this Agreement,have undertaken no obligation to <br /> provide any funds to LES other than the specific allocation from the current <br /> year's funds which the Sponsors have agreed to provide as compensation <br /> hereunder. The parties also agree that,if for any reason not anticipated by the <br /> Sponsors,funds appropriated hereunder cannot be made available, any Sponsor <br /> has the right to withdraw from this Agreement upon sixty (60) days written <br /> notice to LES and to the other parties to this Agreement; provided,however,that <br /> any amounts owed to LES by a Sponsor for work already performed under this <br /> Agreement shall be paid by that Sponsor to LES. The Sponsors will give LES a <br /> "not to exceed" price for each fiscal period. In the event that the compensation <br /> due to LES from any Sponsor approximates the "not to exceed" price,that <br /> 10 <br />