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11 <br />applicable laws and regulations (including without limitation the <br />Washington Public Records Act) or (2) this Agreement shall not require <br />Customer to advocate in any forum that any Proprietary Information is not <br />subject to disclosure under the Public Records Act. Customer will provide <br />reasonable prior written notice of disclosure to NG, in which case NG may <br />apply to the Snohomish County Superior to enjoin such disclosure. <br />11. INDEPENDENT CONTRACTOR; NO AGENCY. <br />11.1. It is understood that NG is an independent contractor and not an agent or employee <br />of the Customer for any purpose including, but not limited to, federal tax and other <br />state and federal law purposes. NG assumes responsibility for payment of all <br />federal, state, and local taxes imposed or required of NG under unemployment <br />insurance, Social Security, and income tax laws. NG shall be solely responsible for <br />any worker’s compensation insurance required by law and shall provide the <br />Customer with proof of insurance upon demand. The parties agree that the <br />Customer shall not: <br />11.1.1. Pay dues, licenses or membership fees for NG; <br />11.1.2. Require attendance by NG, except as otherwise specified herein; <br />11.1.3. Control the method, manner or means of performing Services under this <br />Agreement, except as otherwise specified herein; or <br />11.1.4. Restrict or prevent NG from working for any other party. <br />11.2. Neither Party has the right or the power to enter into any contract or commitment <br />on behalf of the other Party, including entering into agreements with third parties, <br />exercising incidents of ownership with respect to property owned by the Party, or <br />executing contracts binding upon the other Party. <br />11.3. NG is an independent contractor providing services to the Customer, and the <br />employees, agents, and servants of NG shall in no event be considered to be the <br />employees, agents, or servants of the Customer. Except as expressly provided <br />herein, this Agreement is not intended to create an agency relationship between NG <br />and the Customer. <br />12. NOTICES. <br />12.1. Any notices or demands which under the terms of this Agreement or under any <br />statute must or may be given or made by NG or the Customer shall be in writing <br />and shall be given or made by personal service, first class mail, FedEx, or by