MOU - Bowman Creek Educational Ecosystem - Community Tree Nursery Collaboration Agreement

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Section 4. Term. This Agreement shall terminate upon its own terms no later than five (5) years after execution and may be renewed upon written agreement by all parties hereto. Section 5. Assignment; Successors. The parties shall not assign or subcontract the whole or any part of this Agreement without the prior written consent of the other parties. Section G. Changes in Scope of Services. The parties understand and agree that the scope of services delineated in this Agreement are limited to the Properties and the establishment of a tree nursery. Any changes thereto must be authorized in writing by all parties hereto. Section 7. Governing Law; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. The parties hereto agree to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. Section 8. Relationship/Independent Contractor. All parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employee(s) or agent(s) of one party shall not be deemed or construed to be the employee(s) or agent(s) of any other party for any purpose whatsoever. Section 9. Indemnification. Bowman Creek agree to defend, indemnify and hold VPA and its respective officers, agents, directors and employees harmless from any and all claims stemming from or related to the volunteer work performed or managed by Bowman Creek and performed on the Properties. This provision shall survive the termination of this Agreement. Section 10. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. ****SIGNATURE PAGE FOLLOWS****