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h. Failure to Comply. Failure to comply with any of the provisions stated in this Agreement shall <br />constitute material breach of contract and be cause for termination. <br />Public Records. The County respects the confidentially of information provided to the County. <br />However, any documents provided to the County will become County property and thus public <br />information. To the extent required by law, such documents may be subject to public disclosure <br />requirements. <br />4. INDEPENDENT RELATIONSHIP OF THE PARTIES. <br />a. The parties agree that they are independent entities organized under the laws of the State of <br />Washington operating pursuant to the terms and conditions of this Agreement. <br />b. No agent, employee, servant or representative of either party shall be deemed to be an agent, <br />employee, servant or representative of the other party for any purpose, and employees of one <br />party are not entitled to the benefits the other party provides to its employees. <br />c. Each party is solely responsible for its acts and the acts of its agents, employees, servants, <br />subcontractors, volunteers or representatives during the term of this Agreement. <br />d. In relation to the perforrnance of this Agreement, neither party will hold out itself or any of its <br />officers, agents, employees, servants or representatives as, nor claim status as, an officer, agent, <br />employee, servant or representative of the other and will not claim for itself or its officers, <br />agents, employees, servants or representatives any rights, privileges or benefits which would <br />accrue to an officer, agent, employee, servant or representative ofthe other. <br />5. COMPLIANCE WITH LEGAL REOUIREMENTS. <br />a. In the perforrnance of this Agreement, each party accepts responsibility for compliance with <br />federal, state and local laws and regulations. The Center specifically agrees to pay any <br />applicable business and occupation (B&O) taxes that may be due on account of this <br />Agreement. <br />b. The County is an equal opportunity employer. In the performance of this Agreement, the <br />Center will not discriminate against any employee or applicant for employment on grounds <br />of race, creed, color, national origin, sex, marital status, age, or the presence of any sensory, <br />mental or physical handicap; provided that the prohibition against discrimination in <br />employment because of handicap shall not apply if the particular disability prevents the <br />proper performance of the particular work involved. <br />i. Such nondiscrimination in employment shall include, but not be limited to: <br />employment, upgrading, demotion or transfers, recruitment or recruitment <br />advertising, lay-off or termination, rates of pay or other forms of compensation, and <br />programs for training including apprenticeships. <br />ii. The Center shall take such action with respect to this Agreement as may be required <br />to ensure full compliance with local, state and federal laws prohibiting <br />discrimination in employment. <br />t. <br />Upper Kittitas County Senior Center Agreement 3