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5) The Archive Specialist shall be deemed an independent contractor for all purposes and nothing contained in this Agreement shall be construed to create an employer/employee relationship, partnership, or joint venture between the Archive Specialist, the HPC, the City of South Bend, Indiana, or St. Joseph County, Indiana, with respect to the Archive Specialist's activities conducted pursuant to the terms of this Agreement. The Archive Specialist shall, as such, assume and pay in full any and all payroll taxes, unemployment insurance, workers compensation insurance, or other legally mandated costs, expenses, or withholdings associated with the services provided herein. 6) All work product of the Archive Specialist that is produced while performing services for the HPC shall be the sole property of the HPC. 7) The HPC may modify this Agreement or terminate this Agreement at any time provided that the HPC notifies the Archive Specialist in writing of its decision to modify or terminate this Agreement at least forty-eight (48) hours in advance of the effective time of such modification or termination. Any payment due to the Archive Specialist at the time of termination of this Agreement shall be made to the Archive Specialist no later than December 31, 2016. 8) The Archive Specialist may terminate this Agreement upon thirty (30) days written notice delivered to the HPC at or prior to a regular monthly meeting of the HPC. This notice period may be shortened to seven (7) days if health or other urgent circumstances require. 9) Upon termination of this Agreement, whether by mutual consent or at the election of a party, as noted above, the Archive Specialist shall promptly return to the HPC any of the HPC's materials, documents, or other tangible property of any kind which the Archive Specialist acquired from the HPC, or as a consequence of those services rendered for the HPC, or which the Archive Specialist produced for the HPC. 10) This Agreement shall begin on October 1, 2016 and shall terminate on December 31, 2016. This Agreement replaces all prior agreements between the parties and all prior agreements between the parties shall be null and void. This Agreement shall continue in effect for the term set forth until it is canceled or terminated by either party as provided hereinabove. 11) This Agreement shall be governed by and enforced and construed in accordance with Indiana law, and any action to enforce any of the terms hereof shall be filed in the Superior Court of St. Joseph County, Indiana. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original without the production of the other, and all such counterparts together shall constitute but one and the same instrument. 12) Neither party hereto may assign, either wholly or in part, any of its rights or obligations under this Agreement to any other natural person or legal entity without the prior written consent of the other party. 2