6. NON-DISCLOSURE AND NON-SOLICITATION. Service Provider shall not
directly or indirectly disclose to any person other than a representative of
Client at any time either during the term of this Agreement or following the
termination or expiration thereof, any confidential or proprietary information
pertaining to Client, including but not limited to customer lists, contacts,
financial data, sales data, supply sources, business opportunities for new or
developing business, plans and models, or trade secrets. Furthermore, Service
Provider agrees that during the term of this Agreement, and for 2 years
following the termination of this Agreement, Service Provider shall not directly
or indirectly solicit or attempt to solicit any customers or suppliers of Client
other than on behalf of client himself.
7. RELATIONSHIP OF PARTIES. It is understood by the parties that Service
Provider is an independent contractor with respect to the Client and not an
employee of the Client. The Client will not provide fringe benefits, including
health insurance benefits, paid vacation, or any other employee benefit, for
the benefit of Service Provider.
8. WORK PRODUCT OWNERSHIP. Any works copyrighted, ideas, discoveries,
inventions, patents, products, or other information (collectively, the “Work
Product”) developed in whole or in part in Service Provider in connection with
the Services shall be the exclusive property of the Client. Upon request, Service
Provider shall sign all documents necessary to confirm or perfect the exclusive
ownership of the Client to the Work Product.
9. LIABILITY. Service Provider will not be liable for loss, damage or delay of
Client’s project due to circumstances beyond Contractor’s control. Such
circumstances may include (but are not limited to) acts of God, public unrest,
power outages, and inability to contact Client. In the event of such loss,
damage or delay, Service Provider will make every effort to notify Client
immediately.
10. CONFIDENTIALITY. Service Provider will not at any time or in any manner,
either directly or indirectly, use for the personal benefit of Service Provider, or
divulge, disclose or communicate in any manner any information that is
proprietary to the Client. Service Provider will protect such information and
treat it as strictly confidential. This provision shall continue to be effective after
the termination of this Agreement. Upon termination of this Agreement,
Service Provider will return to Client all records, notes documentation and