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Consultant shall act in a manner that will not detrimentally affect the operation or <br />reputation of Client at any time in which Consultant is performing services <br />pursuant to this Agreement. The parties agree, and Consultant expressly <br />acknowledges, that Client will not provide Consultant with any training <br />whatsoever as to the methods or techniques to be used by Consultant in <br />performing the services contemplated hereunder. <br />5. INDEPENDENT CONTRACTOR <br />Consultant acknowledges that the services rendered pursuant to this Agreement <br />are for a specified price for a specified result and that Consultant is under the control of <br />Client as to the result of the Scope of Work only, and not as to the means by which such <br />result is accomplished. As such, Consultant acknowledges that she is an independent <br />contractor within the meaning of California law and accepts the legal consequences of <br />such status. Consultant acknowledges that these consequences include, but are not limited <br />to, the following: <br />a. Client will not incur liability for gross negligent or fraudulent acts of <br />Consultant solely on the basis of their relationship. <br />b. Consultant is excluded from the benefits of state workers compensation <br />insurance. Hence, to the extent desired by Consultant, adequate levels of <br />medical and disability insurance coverage should be maintained by <br />Consultant to provide benefits in the event that Consultant sustains injuries <br />while performing services pursuant to this Agreement which are not the <br />fault, or due to the negligence of, Client. <br />C. Consultant is excluded from receiving state unemployment and disability <br />insurance benefits. <br />d. Client shall not deduct from the Compensation of Consultant any amount <br />for: (1) federal or state income tax withholding; (2) the "employees' <br />portion" under the Federal Insurance Contribution Act (FICA); or, (3) <br />"employee contributions" to any state disability funds; nor is Client <br />required to make payments on Consultant's behalf for the "employer's <br />portion" under FICA or under the Federal Unemployment Tax Act. <br />Consultant acknowledges that Consultant is self-employed and that <br />Consultant's earnings are self-employment earnings and, as such, are <br />subject to self-employment tax. <br />e. Consultant is excluded from state and federal labor laws that regulate the <br />payment of wages, including, but not limited to, minimum wage and <br />overtime provisions promulgated by state agencies and/or the regulations <br />promulgated by the Department of Labor pursuant to the Fair Labor <br />Standards Act. <br />3 <br />