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● Consultant has the right to perform services for others during the term of this Agreement. ● Consultant has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed. ● Consultant has the right to perform the services required by this Agreement at any place or location and at such times as Consultant may determine. ● Consultant has the right to hire assistants as subcontractors or to use employees to provide the services required by this Agreement. ● The services required by this Agreement will be performed by Consultant or Consultant’s employees or contract personnel, and Client will not hire, supervise, or pay any assistants to help Consultant. ● Neither Consultant or Consultant’s employees or contract personnel will be required by Client to devote full time to the performance of the services required by this Agreement. 8. Business Permits, Certificates, and Licenses Consultant has complied with all federal, state, and local laws requiring business permits, certificates, and licenses required to carry out the services to be performed under this Agreement. 9. State and Federal Taxes Client will not: ● withhold FICA (Social Security and Medicare taxes) from Consultant’s payments or make FICA payments on Consultant’s behalf. ● make state or federal unemployment compensation contributions on Consultant’s behalf, or ● withhold state or federal income tax from Consultant’s payments. Consultant will pay all taxes incurred while performing services under this Agreement, including all applicable income taxes and self-employment (Social Security and Medicare) taxes. Upon demand, Consultant will provide Client with proof that such payments have been made. 10. Fringe Benefits Consultant understands that neither Consultant nor Consultant’s employees or contract personnel are eligible to participate in any fringe benefit plan of the Client. If Consultant is subsequently classified by the IRS as a common law employee, Consultant expressly waives his or her right to any benefits to which he or she was, or might have become, entitled. 11. Workers’ Compensation Client will not obtain workers’ compensation insurance on behalf of Consultant or Consultant’s employees or contract personnel. Consultant will provide Consultant’s employees or contract personnel with workers’ compensation insurance to the extent required by law and provide Client with a certificate of workers’ compensation insurance. 12. Unemployment Compensation 2