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5 <br /> transaction with third parties. Employees or contractors of PSE are not employees of <br /> City of Everett and such employees are not entitled to any of the benefits City of Everett <br /> provides to its employees. PSE will be solely and entirely responsible for the acts of its <br /> employees and contractors during the performance of this Agreement. All rights and <br /> obligations of the Parties under this Agreement are intended to be several, not joint or, <br /> collective, and neither Party will be jointly or severally liable for the acts, omissions or <br /> obligations under this Agreement of the other Party. <br /> 4.2 Snohomish <br /> As between PSE and Snohomish, PSE will maintain full and complete control <br /> and responsibility for the Pre-Rinse Spray Head Program and the performance thereof; <br /> provided, however, the Pre-Rinse Spray Head Program Services contemplated herein <br /> will be subject to Snohomish's general rights of direction and must be approved in <br /> advance by Snohomish. Notwithstanding the foregoing, the Parties acknowledge and <br /> agree that they are dealing with each other hereunder as independent contractors. <br /> Nothing contained in this Agreement will be interpreted as constituting either Party as <br /> the joint venturer, agent, employee, franchisee or partner of the other Party or as <br /> conferring upon either Party the power of authority to bind the other Party in any <br /> transaction with third parties. Employees or contractors of PSE are not employees of <br /> Snohomish and such employees are not entitled to any of the benefits Snohomish <br /> provides to its employees. PSE will be solely and entirely responsible for the acts of its <br /> employees and contractors during the performance of this Agreement. All rights and <br /> obligations of the Parties under this Agreement are intended to be several, not joint or, <br /> collective, and neither Party will be jointly or severally liable for the acts, omissions or <br /> obligations under this Agreement of the other Party. <br /> Section 5. Term and Termination <br /> 5.1 Term <br /> The term of this Agreement will commence on November 1st, 2004 and extend <br /> until December 31, 2005. This Term may be extended by mutual written agreement <br /> of the parties. <br /> 5.2 Termination for Breach or Default <br /> If a Party commits a material breach of or default under this Agreement, then <br /> the Non-Breaching Parties may give the Breaching Party written notice of the breach <br /> or default (including a statement of the facts relating to the breach or default and the <br /> provisions of this Agreement that are applicable to such breach or default). If the <br /> Breaching Party fails to cure the specified breach or default within thirty (30) days <br /> 5 PAGE 5 <br />