Laserfiche WebLink
46. INDEPENDENT CAPACITY <br /> The parties intend that an independent contractor relationship will be created by <br /> this Agreement. The Bank, the Bank's employees, and subcontractors performing <br /> under this Agreement are not employees of the Agency. The Bank will not hold <br /> itself out as, nor claim to be, an officer or an employee of the Agency by reason <br /> hereof, nor with the Bank make any claim of right, privilege or benefit which <br /> would accrue to such employee under law. Conduct and control of the work will <br /> be solely with the Bank. <br /> 47. ADVANCE PAYMENTS PROHIBITED <br /> No advance payment shall be made for services furnished by the Bank pursuant to <br /> this Agreement. <br /> 48. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW <br /> 101-336,ALSO REFERRED TO AS THE "ADA"28 CFR PART 35 <br /> The Bank must comply with the ADA, which provides comprehensive civil rights <br /> protection to individuals with disabilities in areas of employment, public <br /> accommodations, state and local government services, and telecommunications. <br /> 49. ATTORNEYS' FEES <br /> In the event of litigation or other action brought to enforce the terms of this <br /> Agreement, each party agrees to bear its own attorney fees and costs. <br /> 50. COPYRIGHT PROVISIONS <br /> Unless otherwise provided, all Materials produced under this Agreement shall be <br /> considered "works for hire" as defined by the U.S. Copyright Act and shall be <br /> owned by the Agency. The Agency shall be considered the author of such <br /> Materials. In the event the Materials are not considered "works for hire" under <br /> the U.S. Copyright laws, the Bank hereby irrevocably assigns all right, title and <br /> interest in Materials, including all intellectual property rights, to the Agency <br /> effective from the moment of creation of such Materials. <br /> Materials means all items in any format and includes, but is not limited to, data, <br /> reports, documents, pamphlets, advertisements, books, magazines, surveys, <br /> studies, computer programs, films,tapes, and/or sound reproductions. Ownership <br /> includes the right to copyright, patent, register and the ability to transfer these <br /> rights. <br /> For Materials that are delivered under this Agreement but that incorporate pre- <br /> existing <br /> materials not produced under this Agreement, the Bank hereby grants to <br /> Statewide Custody Provider Program <br /> Agreement for Custody Services 24 <br />