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(j) Relationship. The parties are and shall at all times remain, independent contractors in the <br /> performance of this Agreement and nothing herein shall be deemed to create a joint venture,partnership <br /> or agency relationship between the parties.Neither party will have the power to bind the other party or to <br /> contract in the name of or create any liability against the other party in any way for any purpose.Neither <br /> party will be responsible for the acts or defaults of the other party or of those for whom the other party is <br /> in law responsible. <br /> (k) Allocation of Risk. Organization acknowledges that the limited warranties,disclaimers and <br /> limitations of liability contained in this Agreement are fundamental elements of the basis of bargain <br /> between Organization and Harris and set forth an allocation of risk reflected in the fees and payments due <br /> hereunder, <br /> (l) Force Majeure.No default,delay or failure to perform on the part of Harris shall be considered a <br /> breach of this Agreement where such default,delay or failure is due to a force majeure or to <br /> circumstances beyond its control. Such circumstances will include,without limitation, strikes,riots,civil <br /> disturbances, actions or inactions concerning government authorities,epidemics,war,terrorist acts, <br /> embargoes, severe weather,fire,earthquakes,acts of God or the public enemy or default of a common <br /> carrier or other disasters or events. <br /> (m) Survival. The following sections and articles shall survive the termination or expiration of this <br /> Agreement: Sections 2(c),3, 4, 5(b), 6-9 and any other provisions which are required to ensure that the <br /> parties fully exercise their rights and obligations hereunder. <br /> IN WITNESS WHEREOF the parties hereto have duly executed this Agreement to be effective as of the <br /> Effective Date. <br /> N.HARRIS COMPUTER CORPORATION CITY OF EVERE <br /> By: By: <br /> Name: Scott MacKendrick Name: <br /> Title: Vice President Title: <br /> Office of the City Attorney <br /> APPROVED AS TO FORM <br /> David C. Hall, City Attorney <br /> ATT <br /> pv Ci Jerk <br /> PSA between Cayenta and City of Everett 7 08/08/2018 <br />