Orange County NC Website
Browse       Search
<br /> <br /> www.callmc.com <br /> <br />Mobile Communications America, Inc. <br />Confidential and Proprietary <br />Not to be copied or distributed without the express written consent of Mobile Communications America, Inc. <br /> <br />10. Independent Contractor <br /> <br />MCA shall perform this Agreement as an independent contractor, and MCA is not an employee, agent, <br />partner or representative of Customer. MCA shall conduct its business under its own name as an <br />independent contractor, and is hereby expressly prohibited from holding itself out as an employee, agent, <br />partner or representative of Customer. It is agreed that any person employed by MCA to perform <br />hereunder shall not be deemed to be an employee of Customer, and MCA and MCA’s employees, MCA, <br />subcontractors, agents or representatives shall not be, or represent themselves to be, officers, employees, <br />agents or representatives of Customer and shall not bind, or attempt to bind, Customer to any agreement, <br />liability or obligation of any nature. MCA shall select, engage and discharge its employees and otherwise <br />direct and control their work. MCA agrees to pay, and hereby accepts full and exclusive liability for the <br />payment of, any and all contributions and taxes imposed by any Federal or state governmental authority, <br />which are imposed with respect to or measured by wages, salaries, or other compensation paid by MCA <br />to persons employed by MCA; and MCA further agrees to indemnify and save Customer harmless against <br />any and all such liability or claims thereof. <br /> <br />11. Assignment <br /> <br />Neither party shall have the right to assign this Agreement to another party, except that either party may <br />assign its rights and obligations to a successor to substantially all its relevant assets or business. This <br />Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted <br />successors and assigns. Any assignment made without prior written consent shall be wholly void and <br />invalid. <br /> <br />12. Notice <br /> <br />Any notices or other communications required or permitted to be given or delivered under this Agreement <br />shall be in writing (unless otherwise specifically provided herein) and shall be sufficiently given if <br />delivered personally, which shall be required with regard to notices applicable to an alleged breach of this <br />Agreement, or mailed by first-class mail, postage prepaid, to Customer at the address listed above, <br />Attention: President and CEO, and to MCA at address as listed above, Attention: President or to such <br />other address or addressee as either party to may from time to time designate to the other by written <br />notice. <br /> <br />13. Waiver <br /> <br />The failure of either party at any time to require performance by the other party of any provision hereof <br />shall not affect, in any way, the full rights to require such performance at any time thereafter, nor shall the <br />waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision <br />itself. <br /> <br />14. Amendments <br /> <br />The Agreement may only be altered, amended or repealed by a modification in the form of an <br />Amendment. The parties expressly acknowledge that e-mail communications or correspondence do not <br />satisfy the signature requirement for Amendment or modification of this Agreement. <br /> <br />15. Governing Law <br />Docusign Envelope ID: E2A04EAA-C6A8-4D8C-A3D2-7BFA20FBDAF0