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competent jurisdiction to resolve the differences of the parties, the prevailing party shall be <br /> entided to reasonable out of pocket expenses including reasonable attomey fees not to <br /> exceed ten percent of the amount recovered. <br /> 4. Indeoendent Contractor. The parties specifically agree that Staley Inc. is <br /> an independent contractor under this Agreement and, as such, sha11 be responsible for a11 <br /> state, federal, and local withholdings; income taxes; unemployment taxes; or other required <br /> charges attributable to the employees of Staley Inc. Nothing herein shall be construed as <br /> creating a partnership, joint venture, or other relationship of employers/employee; it being <br /> the e�ress intent of the parties that Staley Inc., pursuant to the terms of this Agreement, is <br /> an independent contractor of Customer. <br /> 5. Amendment. This Agreement may not be amended or modified in whole or <br /> in part except in writing, referring to this original Agreement, signed by both parties or their <br /> respective legal representatives, and attached hereto and made a part by reference. <br /> 6. Entire Agre.ement. T'his Agreement contains the entire terms, conditions, <br /> and understandings of the parties, it being their express intent to set forth their agreement <br /> herein in full. <br /> IN WITNESS WHEREOF, we hereunto set our hands and seals this 27th day of <br /> Jul.y , 201 l. <br /> Staley Inc. <br /> By ...- � <br /> o Mora1 - Regional er <br /> 2 <br />